Amendment Text:
S.Amdt.79 — 113th Congress (2013-2014)

There is one version of the amendment.

Shown Here:Amendment as Submitted (03/13/2013)

This Amendment appears on page S1820 in the following article from the Congressional Record.

[Pages S1795-S1825]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 32. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. RESTORATION OF CERTAIN PROPERTIES IMPACTED BY
NATURAL DISASTER.
(a) In General.--
(1) Pilot program.--Hereafter, in administering the funds
made available to address any major disaster declared on or
after August 27, 2011, the Administrator of the Federal
Emergency Management Agency (in this section referred to as
the ``Administrator'') shall establish a pilot program for
the relocation of State facilities under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5172).
(2) Authority.--
(A) Waiver authorized.--Subject to subparagraph (B), under
the pilot program established under paragraph (1), the
Administrator may waive, or specify alternative requirements
for, any regulation that the Administrator administers to
provide assistance, consistent with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
for the permanent relocation of State facilities described in
subparagraph (C) that--
(i) were significantly damaged as a result of the major
disaster;
(ii) are subject to flood risk; and
(iii) are otherwise eligible for repair, restoration,
reconstruction, or replacement under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.
(B) Conditions.--The Administrator may take actions
authorized under subparagraph (A) only if the Administrator
determines that the relocation--
(i) is practicable;
(ii) will be cost effective, or more appropriate than
repairing, restoring, reconstructing, or replacing the
facility in its pre-disaster location; and
(iii) will effectively mitigate the flood risk to the
facility.
(C) Facilities covered.--This paragraph shall apply with
respect to State facilities including administrative office
buildings, medical facilities, laboratories, and related
operating infrastructure (including heat, sewage, mechanical,
electrical, and plumbing).
(b) Eligibility of Certain Costs.--Hereafter, for
determinations regarding compliance with codes and standards
under the Federal Emergency Management Agency Public
Assistance program authorized under section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172), the Administrator shall, for major disasters
declared on or after August 27, 2011, consider eligible the
costs required to comply with a State's Stream Alteration
General Permit process, including any design standards
required to be met as a condition of permit issuance.
______
SA 33. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; as follows:
Strike section 8039, relating to the use for grants of
funds of the Office of Economic Assistance of the Department
of Defense.
Strike section 8104, relating to the use of funds of the
Office of Economic Assistance of the Department of Defense
for grants for Guam.
______
SA 34. Mr. McCAIN (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
In section 8040(b)(1), strike subparagraph (C).
______
SA 35. Mr. McCAIN (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 8019, relating to incentive payments
authorized by the Indian Financing Act of 1974.
______
SA 36. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 84, between lines 3 and 4, insert the following:
Sec. 74__. Notwithstanding any other provision of this
Act, none of the funds made
[[Page S1796]]
available under this Act may be used to provide economic
impact initiative grants under the rural community facilities
program account of the Department of Agriculture.
______
SA 37. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 8122, relating to a prohibition on the
retirement of C-23 Sherpa aircraft.
______
SA 38. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
Beginning on page 98, strike line 22 and all the follows
through page 99, line 18.
______
SA 39. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 84, between lines 3 and 4, insert the following:
Sec. 74__. None of the funds made available under this Act
for the Agricultural Research Service may be used to continue
to carry out extramural research projects, or to operate
research laboratories, that have been identified for
termination by the Secretary of Agriculture.
______
SA 40. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 46, lines 9 through 14, strike ``Provided further,
That $10,000,000 of the amount appropriated under this
heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide
grants authorized under section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a):''
______
SA 41. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 455, between lines 19 and 20, insert the following:
Sec. 574. Of the amounts appropriated under title II to
the Transportation Security Administration for civil aviation
security services, $2,500,000 shall be transferred to the
United States Secret Service for salaries and expenses to
permit the resumption of self-guided tours of the White
House.
______
SA 42. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title IX of division C, insert the following:
Sec. 9015. (a) Findings.--Congress makes the following
findings:
(1) It remains the goal of the United States to enhance the
sovereignty of the Islamic Republic of Afghanistan in all
areas of its government.
(2) The United States' continuing mission in Afghanistan
requires effective cooperation with the Government of
Afghanistan to ensure that law of war detainees captured on
the battlefield do not present an undue danger to members of
the armed forces or civilians of either nation.
(3) A cooperative, humanitarian, and flexible system of
detainment in Afghanistan is a critical element of ensuring
the safety of our troops as long as the United States'
mission continues in Afghanistan.
(b) Limitation.--No funds appropriated or otherwise made
available by title IX of this division under the heading
``Afghanistan Infrastructure Fund'' may be obligated or
expended until the Secretary of Defense submits to the
appropriate committees of Congress a report setting forth the
certifications as follows:
(1) That transfers to the Government of Afghanistan of
Afghan nationals detained by United States Armed Forces in
Afghanistan territory do not present a significant threat to
United States or coalition forces based upon the likelihood
that the detainee to be transferred will engage in continuing
hostile acts against the United States or its coalition
allies.
(2) That the Government of Afghanistan is in compliance
with international humanitarian law, including Additional
Protocol II of 1977 to the Geneva Convention of 1949, with
respect to preventing detainee abuse.
(3) That the Government of Afghanistan has implemented an
administrative detention regime under its domestic law as an
alternative to criminal prosecution, which regime is--
(A) consistent with international humanitarian law,
including the Additional Protocol II of 1977 to the Geneva
Convention of 1949, Afghanistan domestic law, and all of the
international obligations of Afghanistan;
(B) in compliance with the international obligations of
Afghanistan with respect to humane treatment and applicable
due process; and
(C) based on sustainable arrangements, including housing.
(4) That there exists a continuing capability of both the
United States and Afghanistan to gather intelligence from
detainees transferred to the Government of Afghanistan for
the mutual benefit of both nations.
(5) That, as part of the intelligence gathering described
in paragraph (4), the United States is granted regular,
direct access to detainees held by the Government of
Afghanistan for the purpose of interrogation or any other
lawful purpose.
(6) That the Government of Afghanistan is consulting, and
will continue to consult, the United States before the
release, including release prior to indictment, of any
detainee transferred to the Government of Afghanistan, and,
if the United States provides its assessment that continued
detention is necessary to prevent such a detainee from
engaging in or facilitating terrorist activity, the
Government of Afghanistan will consider favorably such
assessment.
(7) That additional processes will be in place in any case
where the United States considers a detainee held by
Afghanistan an enduring security threat (or its equivalent)
to ensure that the detainee will not present a security
threat once released.
(c) Contingent Requirement for Explanatory Report.--If the
report described by subsection (b) has not been submitted to
Congress by 45 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the appropriate
committees of Congress on such date a report setting forth an
explanation why the report described by subsection (b) has
not been so submitted.
(d) Comptroller General Report.--Not later than 45 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report setting forth an assessment
by the Comptroller General of the the ability of the
Government of Afghanistan to sustain costs associated with
securing detainees in Afghanistan.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
______
SA 43. Mr. BLUNT (for himself, Mr. Risch, Mr. Hoeven, Mr. Wicker, Mr.
Johanns, Mr. Enzi, Mrs. Fischer, Ms. Collins, and Mr. Inhofe) submitted
an amendment intended to be proposed to amendment SA 26 proposed by Ms.
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division G, insert the following:
SEC. ___. ESSENTIAL SERVICES ACT OF 2013.
(a) Short Title.--This section may be cited as the
``Essential Services Act of 2013''.
(b) Definitions.--In this section--
(1) the term ``agency'' means an Executive agency (as
defined in section 105 of title 5, United States Code); and
(2) the term ``essential employee'' means an employee that
performs work involving the safety of human life or the
protection of property, as determined by the head of the
agency.
(c) Furlough Flexibility.--
(1) In general.--In implementing the sequester required by
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985, as ordered on March 1, 2013, the head of
an agency may furlough such employees of the agency as are
required to achieve the funding reduction required by the
sequester for the agency, but shall exempt essential
employees.
[[Page S1797]]
(2) Transfer of budgetary resources.--The head of an agency
may transfer budgetary resources within their agency to carry
out paragraph (1), subject to the limitation that transfers
may only be made to maintain essential employees.
______
SA 44. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place insert the following:
Sec. __. (a)(1)(A) Except as provided under paragraph (3),
none of the amounts appropriated or otherwise made available
by this Act or any prior Act making appropriations for the
Department of State, foreign operations, and related programs
for bilateral economic assistance under the heading
``economic support fund'' may be made available to the
Government of Egypt unless a certification under subsection
(c)(2) is in effect.
(B) Except as provided under paragraph (3), none of the
amounts appropriated or otherwise made available by this Act
or any prior Act making appropriations for the Department of
State, foreign operations, and related programs for
assistance for Egypt under section 23 of the Arms Export
Control Act (22 U.S.C. 2763; relating to the Foreign Military
Financing program) may be obligated or expended for contracts
with the Government of Egypt entered into on or after the
date of the enactment of this Act unless a certification
under subsection (c)(1) is in effect.
(2) Not later than 90 days after the date on which the
Secretary of State transmits to the appropriate congressional
committees an initial certification under paragraph (1) or
(2) of subsection (c), and every 6 months thereafter, the
Secretary shall transmit to the appropriate congressional
committees--
(A) a recertification that the requirements contained in
such paragraph are continuing to be met; or
(B) a statement that the Secretary is unable to make such a
recertification and that the certification is no longer in
effect.
(3) The Secretary of State may waive the requirements of
subparagraphs (A) and (B) of paragraph (1) for one or more
180-periods if, for each such 180-day period, the Secretary
determines and certifies to the appropriate congressional
committees that it is in the national security interests of
the United States to do so and submits to the appropriate
congressional committees a report with detailed reasoning for
the determination and certification.
(b) During a period in which a certification described in
subsection (c)(2) is not in effect, amounts that may not be
made available for Economic Support Fund assistance to the
Government of Egypt pursuant to the limitation under
subsection (a) shall be reallocated for democracy and
governance programs for Egypt, including direct support for
secular, democratic nongovernmental organizations, as well as
programming and support for rule of law and human rights,
good governance, political competition and consensus-
building, and civil society.
(c)(1) A certification described in this paragraph is a
certification submitted by the Secretary of State to the
appropriate congressional committees that the following
conditions have been met:
(A) The Government of Egypt has adopted and implemented
legal reforms to protect the political, economic, and
religious freedoms and human rights of all citizens and
residents of Egypt.
(B) The Government of Egypt is not acting to restrict the
political, economic, or religious freedoms and human rights
of the citizens and residents of Egypt.
(C) The Government of Egypt is continuing to demonstrate a
commitment to free and fair elections and is not taking any
steps to interfere with or undermine the credibility of such
elections.
(D) Egypt is implementing the Egypt-Israel Peace Treaty.
(E) The Government of Egypt is taking all necessary action
to eliminate smuggling networks and to detect and destroy
tunnels between Egypt and the Gaza Strip.
(F) The Government of Egypt is taking all necessary action
to combat terrorism in the Sinai, and the Department of
Defense has allocated a portion of Egypt's Foreign Military
Financing (FMF) assistance, not less than $100,000,000,
toward counterterrorism tools, including equipment and
training related to border security, to address this problem.
(G) The Department of Defense has consulted with the
Government of Egypt and produced an analysis of Egypt's
current security needs, and the analysis has been shared with
the relevant congressional committees.
(H) The Government of Egypt has lifted restrictions in law
and practice on the work and funding of Egyptian and
international nongovernmental organizations, comprising those
in the human rights and democracy field, including the
International Republican Institute, the National Democratic
Institute, and Freedom House.
(2) A certification described in this paragraph is a
certification submitted by the Secretary of State to the
appropriate congressional committees that--
(A) the conditions set forth in paragraph (1) have been
met; and
(B) the Government of Egypt has signed and submitted to the
International Monetary Fund a Letter of Intent and Memorandum
of Economic and Financial Policies designed to achieve such
actions as reducing and streamlining energy subsidies,
improving the government financial management, and increasing
taxation revenues through a broadened tax base and reducing
tax exemptions and has begun to implement such measures.
(d) Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a report describing the results of a
policy review on Egypt conducted after a dialogue with the
Government of Egypt and civil society on how to rebalance
United States military and economic assistance to Egypt.
(e) Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a report listing all of the Foreign
Military Financing contracts for the Government of Egypt
carried out over the previous 10 years and describing plans
for such contracts over the next 10 years.
(f) In this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
______
SA 45. Mr. MORAN (for himself, Mr. Inhofe, Mr. Blumenthal, Mr. Blunt,
Mr. Boozman, Mr. Kirk, Mr. Pryor, and Mr. Roberts) submitted an
amendment intended to be proposed by him to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VIII of division F, add the following:
Sec. 1811. (a) Notwithstanding section 1101, the level for
``Department of Transportation, Federal Aviation
Administration, Operations'' shall be $9,703,395,000:
Provided, That the amounts specified in the matter under the
heading ``operations'' under the heading ``Federal Aviation
Administration'' in title I of the Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2012 (division C of Public Law 112-55; 125 Stat. 645)
shall be applied to funds appropriated by this division--
(1) by substituting ``$7,492,738,000'' for
``$7,442,738,000''; and
(2) by substituting ``$10,350,000 shall be for the contract
tower cost-sharing program and not less than $130,500,000
shall be for the contract tower program'' for ``$10,350,000
shall be for the contract tower cost-sharing program''.
(b) Of amounts appropriated for fiscal years before fiscal
year 2013 that remain available for obligation as of the date
of the enactment of this Act and that are not designated an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, the following amounts are rescinded from
the following accounts:
(1) ``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment'', $23,861,002.
(2) ``Department of Transportation, Federal Aviation
Administration, Research, Engineering, and Development'',
$26,183,998.
______
SA 46. Ms. AYOTTE (for herself and Mrs. Shaheen) submitted an
amendment intended to be proposed to amendment SA 26 proposed by Ms.
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VIII of division C, insert the
following:
Sec. 8131. (a) Reduction in Amount for Army RDTE for
MEADS.--The amount appropriated or otherwise made available
by title IV of this division under the heading ``Research,
Development, Test, and Evaluation, Army'' is hereby decreased
by $380,861,000, with the amount of the reduction to be
allocated from amounts available under that heading for the
Medium Extended Air Defense System (MEADS).
(b) Increase in Amount for O&M.--The aggregate amount
appropriated by title II of this division for Operation and
Maintenance is increased by $380,861,000, with the amount to
be allocated among accounts funded by that title in a manner
determined appropriate by the Secretary of Defense.
______
SA 47. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense,
[[Page S1798]]
the Department of Veterans Affairs, and other departments and agencies
for the fiscal year ending September 30, 2013, and for other purposes;
which was ordered to lie on the table; as follows:
On page 232, line 10, strike ``$4,000,000,000'' and insert
``$8,000,000,000''.
______
SA 48. Mr. REID (for Mr. Lautenberg (for himself, Mr. Menendez, and
Mrs. Gillibrand)) submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Chapter 9 of the Disaster Relief Appropriations
Act, 2013 (division A of Public Law 113-2) is amended, under
the heading ``grants to the national railroad passenger
corporation'', by striking ``or any other Act''.
______
SA 49. Mr. ALEXANDER (for himself, Mr. McConnell, Mr. Paul, and Mr.
Corker) submitted an amendment intended to be proposed to amendment SA
26 proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill
H.R. 933, making appropriations for the Department of Defense, the
Department of Veterans Affairs, and other departments and agencies for
the fiscal year ending September 30, 2013, and for other purposes;
which was ordered to lie on the table; as follows:
On page _, between lines _ and _, insert the following:
Sec. _____. (a) Notwithstanding any other provision of law
(including regulations), no funds made available under this
Act or any other Act to the Secretary of the Army, acting
through the Chief of Engineers, shall be used to take any
action to establish a restricted area prohibiting public
access to waters downstream of a dam owned by the Corps of
Engineers.
(b) For purposes of this Act, installing and maintaining
sirens, strobe lights, and signage for alerting the public of
hazardous water conditions shall not be considered to be an
action to establish a restricted area under subsection (a).
(c)(1) Subject to paragraph (2), this section shall apply
to an action described in subsection (a) on or after August
1, 2012.
(2) If the Secretary of the Army, acting through the Chief
of Engineers, has taken an action described in subsection (a)
during the period beginning on August 1, 2012, and ending on
the date of enactment of this Act, the Secretary shall--
(A) cease implementing the restricted area resulting from
the action; and
(B) remove any barriers constructed in connection with the
restricted area.
______
SA 50. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title VIII of division C, insert the
following:
Sec. 8131. (a) Reduction in Allocation of Funds for Civil
Air Patrol Corporation.--Notwithstanding section 8022--
(1) the total amount available under that section shall be
$27,334,000; and
(2) the amount of funds provided to that total from
``Operation and Maintenance, Air Force'' shall be
$23,904,000; and
(3) the amount of funds provided to that total from
``Aircraft Procurement, Air Force'' shall be $2,498,000.
(b) Termination of Allocation of Funds for STARBASE
Program.--Notwithstanding any other provision of this
division, none of the funds appropriated or otherwise made
available by title II of this division under the heading
``Operation and Maintenance, Defense-Wide'' may be used for
the STARBASE program.
______
SA 51. Mrs. FEINSTEIN (for herself and Mr. Chambliss) submitted an
amendment intended to be proposed to amendment SA 26 proposed by Ms.
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
On page 315, between lines 8 and 9, insert the following:
Sec. 8131. In fiscal year 2013, for purposes of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177; 99 Stat. 1038) and for purposes of
applying general reductions by ``program, project, and
activity'', the term ``program, project, and activity'' for
the operations and maintenance accounts of the National
Intelligence Program appropriated as part of this Act for the
Department of Defense shall have the same meaning as that
term as applied to the Department of Defense.
______
SA 52. Mr. INHOFE (for himself, Mr. Alexander, Mr. Enzi, and Mr.
Johanns) submitted an amendment intended to be proposed to amendment SA
26 proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill
H.R. 933, making appropriations for the Department of Defense, the
Department of Veterans Affairs, and other departments and agencies for
the fiscal year ending September 30, 2013, and for other purposes;
which was ordered to lie on the table; as follows:
In title I of division F, insert after section 1114 the
following:
Sec. 1115. The United States Government may not allow the
sale, lease, transfer, retransfer, or delivery of F-16
aircraft, M1 tanks, or certain other defense articles or
services to the Government of Egypt until the President
certifies to Congress that the Government of Egypt has
agreed--
(1) to continue to uphold its commitments under the Camp
David Peace Accords;
(2) to provide proper security at United States embassies
and consulates pursuant to the Vienna Convention on Consular
Relations, done at Vienna April 24, 1963; and
(3) to bring stability to Egypt by ending its systematic
exclusion and silencing of all official minority political
opposition and taking concrete steps to engage in dialogue
with such opposition parties and consider a coalition, power-
sharing government with such opposition parties.
______
SA 53. Mr. HARKIN (for himself and Mr. Cardin) proposed an amendment
to amendment SA 26 proposed by Ms. Mikulski (for herself and Mr.
Shelby) to the bill H.R. 933, making appropriations for the Department
of Defense, the Department of Veterans Affairs, and other departments
and agencies for the fiscal year ending September 30, 2013, and for
other purposes; as follows:
At the appropriate place, insert the following:
DIVISION __--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30,
2013, and for other purposes, namely:
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of
1998 (referred to in this Act as ``WIA''), the Second Chance
Act of 2007, and the Women in Apprenticeship and Non-
Traditional Occupations Act of 1992 (``WANTO Act''),
$3,161,808,000, plus reimbursements, shall be available. Of
the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,600,344,000 as
follows:
(A) $769,465,000 for adult employment and training
activities, of which $57,465,000 shall be available for the
period July 1, 2013, through June 30, 2014, and of which
$712,000,000 shall be available for the period October 1,
2013 through June 30, 2014;
(B) $824,353,000 for youth activities, which shall be
available for the period April 1, 2013 through June 30, 2014;
and
(C) $1,006,526,000 for dislocated worker employment and
training activities, of which $146,526,000 shall be available
for the period July 1, 2013 through June 30, 2014, and of
which $860,000,000 shall be available for the period October
1, 2013 through June 30, 2014:
Provided, That notwithstanding the transfer limitation
under section 133(b)(4) of the WIA, up to 30 percent of such
funds may be transferred by a local board if approved by the
Governor: Provided further, That a local board may award a
contract to an institution of higher education or other
eligible training provider if the local board determines that
it would facilitate the training of multiple individuals in
high-demand occupations, if such contract does not limit
customer choice: Provided further, That notwithstanding
section 128(a)(1) of the WIA, the amount available to the
Governor for statewide workforce investment activities shall
not exceed 10 percent of the amount allotted to the State
from each of the appropriations under the preceding
subparagraphs;
(2) for federally administered programs, $476,226,000 as
follows:
(A) $223,688,000 for the dislocated workers assistance
national reserve, of which $23,688,000 shall be available for
the period July 1, 2013 through June 30, 2014, and of which
$200,000,000 shall be available for the
[[Page S1799]]
period October 1, 2013 through June 30, 2014:
Provided, That funds provided to carry out section
132(a)(2)(A) of the WIA may be used to provide assistance to
a State for statewide or local use in order to address cases
where there have been worker dislocations across multiple
sectors or across multiple local areas and such workers
remain dislocated; coordinate the State workforce development
plan with emerging economic development needs; and train such
eligible dislocated workers: Provided further, That funds
provided to carry out section 171(d) of the WIA may be used
for demonstration projects that provide assistance to new
entrants in the workforce and incumbent workers: Provided
further, That none of the funds shall be obligated to carry
out section 173(e) of the WIA;
(B) $47,562,000 for Native American programs, which shall
be available for the period July 1, 2013 through June 30,
2014;
(C) $84,291,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including $78,104,742
for formula grants (of which not less than 70 percent shall
be for employment and training services), $5,678,222 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $508,036 for
other discretionary purposes, which shall be available for
the period July 1, 2013 through June 30, 2014: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $996,000 for carrying out the WANTO Act, which shall be
available for the period July 1, 2013 through June 30, 2014;
(E) $79,689,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2013 through June 30, 2014; and
(F) $40,000,000 to be available to the Secretary of Labor
(referred to in this title as ``Secretary'') for the
Workforce Innovation Fund to carry out projects that
demonstrate innovative strategies or replicate effective
evidence-based strategies that align and strengthen the
workforce investment system in order to improve program
delivery and education and employment outcomes for
beneficiaries, which shall be for the period July 1, 2013
through June 30, 2014: Provided, That amounts shall be
available for awards to States or State agencies that are
eligible for assistance under any program authorized under
the WIA, consortia of States, or partnerships, including
regional partnerships: Provided further, That not more than
5 percent of the funds available for workforce innovation
activities shall be for technical assistance and evaluations
related to the projects carried out with these funds:
Provided further, That not more than $10,000,000 of the funds
provided for the Workforce Innovation Fund may be used for
performance-based awards or other agreements under the Pay
for Success program: Provided further, That, with respect to
the previous proviso, any funds obligated for such projects
or agreements shall remain available for disbursement until
expended, notwithstanding 31 U.S.C. 1552(a), and that any
funds deobligated from such projects or agreements shall
immediately be available for Workforce Innovation Fund
activities;
(3) for national activities, $85,238,000, as follows:
(A) $80,238,000 for ex-offender activities, under the
authority of section 171 of the WIA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2013 through June 30, 2014, notwithstanding
the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of
the WIA: Provided, That of this amount, $20,000,000 shall be
for competitive grants to national and regional
intermediaries for activities that prepare young ex-offenders
and school dropouts for employment, with a priority for
projects serving high-crime, high-poverty areas; and
(B) $5,000,000 for the Workforce Data Quality Initiative,
under the authority of section 171(c)(2) of the WIA, which
shall be available for the period July 1, 2013 through June
30, 2014, and which shall not be subject to the requirements
of section 171(c)(4)(D).
office of job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIA, $1,683,132,000, plus reimbursements, as follows:
(1) $1,574,000,000 for Job Corps Operations, which shall be
available for the period July 1, 2013 through June 30, 2014:
Provided, That of the funds available to the Department of
Labor, Employment and Training Administration in this Act or
any other Act making appropriations that remain unobligated
as of the date of enactment of this Act, up to $30,000,000
may be transferred to ``Office of Job Corps'' for Job Corps
operations for program years 2012 and 2013 and shall be in
addition to any other amounts available to the Office of Job
Corps for such purposes: Provided further, That not less
than $10,000,000 shall be transferred within 30 days of
enactment of this Act to support Job Corps operations for the
program year ending June 30, 2013: Provided further, That,
not later than 15 days after any transfer has been made under
the authority of the two preceding provisos, the Secretary
shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate that details the
source of the transferred funds, the specific programs,
projects, or activities for which such funds will be used,
provides a detailed explanation of the need for such
transfer, and itemizes the cost saving measures implemented
by the Office of Job Corps during program years 2012 and 2013
and the savings gained by implementing each initiative;
(2) $80,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2013 through June 30, 2016: Provided,
That the Secretary may transfer up to 15 percent of such
funds to meet the operational needs of such centers or to
achieve administrative efficiencies: Provided further, That
any funds transferred pursuant to the preceding proviso shall
not be available for obligation after June 30, 2014; and
(3) $29,132,000 for necessary expenses of the Office of Job
Corps, which shall be available for obligation for the period
October 1, 2012 through September 30, 2013:
Provided further, That no funds from any other
appropriation shall be used to provide meal services at or
for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $448,251,000, which
shall be available for the period July 1, 2013 through June
30, 2014, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2013 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011, $1,421,000,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for
payments for any period subsequent to September 15, 2013.
state unemployment insurance and employment service operations
For authorized administrative expenses, $86,068,000,
together with not to exceed $3,770,718,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,979,912,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $60,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews), the administration of
unemployment insurance for Federal employees and for ex-
service members as authorized under 5 U.S.C. 8501-8523, and
the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative
trade adjustment assistance under the Trade Act of 1974 and
under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, and shall be available for obligation
by the States through December 31, 2013, except that funds
used for automation acquisitions or competitive grants
awarded to States for improved operations, reemployment and
eligibility assessments and improper payments, or activities
to address misclassification of workers shall be available
for obligation by the States through September 30, 2015, and
funds used for unemployment insurance workloads experienced
by the States through September 30, 2013 shall be available
for Federal obligation through December 31, 2013;
(2) $11,297,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $693,204,000 from the Trust Fund, together with
$22,595,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, of which not less than $15,000,000 shall be used
to provide reemployment services to beneficiaries of
unemployment insurance, and shall be available for Federal
obligation for the period July 1, 2013 through June 30, 2014;
(4) $20,912,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act, including not to exceed $1,228,000
that may be used for amortization payments to States which
had independent retirement plans in their State employment
service agencies prior to 1980;
(5) $65,393,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $50,323,000 shall be available for the
Federal administration of such activities, and $15,070,000
shall be available for grants to States for the
administration of such activities; and
[[Page S1800]]
(6) $63,473,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and section
171(e)(2)(C) of the WIA and shall be available for Federal
obligation for the period July 1, 2013 through June 30, 2014:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2013 is projected by
the Department of Labor to exceed 3,908,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance or immigration programs, may be
obligated in contracts, grants, or agreements with non-State
entities: Provided further, That funds appropriated under
this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and
Employment Service automation efforts, notwithstanding cost
allocation principles prescribed under the Office of
Management and Budget Circular A-87: Provided further, That
the Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the
request: Provided further, That the Secretary may, during
the fiscal year ending September 30, 2013, collect and retain
fees for the costs associated with additional data
collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and
local governments, public and private institutions of higher
education, and non-profit organizations and may utilize such
sums, in accordance with the provisions of 29 U.S.C. 9a, for
the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and
reporting needs of such entities and shall credit such fees
to this account, which shall be available for obligation
through September 30, 2014, for such purposes.
In addition, $15,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall
be available to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the
``Federal Unemployment Benefits and Allowances'' account,
such sums as may be necessary, which shall be available for
obligation through September 30, 2014.
program administration
For expenses of administering employment and training
programs, $97,137,000, together with not to exceed
$49,944,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $183,153,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2013, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2013 shall be available for
obligations for administrative expenses in excess of
$479,013,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2013, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2014, for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That an additional $50,000 shall be made
available through September 30, 2014, for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations or asset growth, after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That obligations in excess of the
amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses or
extraordinary multiemployer program related expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$235,730,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $41,289,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,187,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $115,720,000, together with $2,120,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of
the War Claims Act of 1948; and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $396,000,000,
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary
to reimburse an employer, who is not the employer at the time
of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2012, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2013: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $58,544,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems,
$23,166,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $20,517,000;
(3) For periodic roll management and medical review,
$14,861,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$123,220,000, to remain available until expended.
[[Page S1801]]
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2014, $35,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $54,962,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (``Fund''), to remain available until
expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of
1986; and repayment of, and payment of interest on advances,
as authorized by section 9501(d)(4) of that Act. In addition,
the following amounts may be expended from the Fund for
fiscal year 2013 for expenses of operation and administration
of the Black Lung Benefits program, as authorized by section
9501(d)(5): not to exceed $32,906,000 for transfer to the
Office of Workers' Compensation Programs, ``Salaries and
Expenses''; not to exceed $25,217,000 for transfer to
Departmental Management, ``Salaries and Expenses''; not to
exceed $327,000 for transfer to Departmental Management,
``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of
the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $569,771,000, including not to exceed
$104,196,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $200,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal
year ending September 30, 2013, to collect and retain fees
for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure the
safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and
employs 10 or fewer employees: Provided further, That no
funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(DART) occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $10,709,000 shall
be available for Susan Harwood training grants.
Mine Safety and Health Administration
salaries and expenses
(including transfer of funds)
For necessary expenses for the Mine Safety and Health
Administration, $373,692,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; in addition, the Mine Safety
and Health Administration is authorized to collect and retain
up to $2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities,
notwithstanding 31 U.S.C. 3302; in addition, the Mine Safety
and Health Administration is authorized to collect and retain
fees for services related to the analysis of rock dust
samples, and may utilize such sums to administer such
activities, notwithstanding 31 U.S.C. 3302; the Secretary may
transfer from amounts provided under this heading up to
$2,000,000 to ``Departmental Management'' for activities
related to the Office of the Solicitor's caseload before the
Federal Mine Safety and Health Review Commission; the
Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; any funds available to the
Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster; and the
Secretary may reallocate among the items funded under this
heading up to $3,000,000 to support inspections or
investigations pursuant to section 103 of the Federal Mine
Safety and Health Act of 1977.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$551,867,000, together with not to exceed $67,176,000 which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $1,500,000
may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,953,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$347,735,000, together with not to exceed $326,000, which may
be expended from the Employment Security Administration
Account in the Unemployment Trust Fund: Provided, That
$66,500,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2013:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not less than
$40,000,000 shall be for programs to combat exploitative
child labor internationally: Provided further, That not less
than $6,500,000 shall be used to implement model programs
that address worker rights issues through technical
assistance in countries with which the United States has free
trade agreements or trade preference programs: Provided
further, That $8,484,000 shall be used for program evaluation
and shall be available for obligation through September 30,
2014: Provided further, That funds available for program
evaluation may be transferred to any other appropriate
account in the Department for such purpose: Provided
further, That the funds available to the Women's Bureau may
be used for grants to serve and promote the interests of
women in the workforce.
[[Page S1802]]
veterans employment and training
Not to exceed $224,569,000 may be derived from the
Employment Security Administration Account in the
Unemployment Trust Fund to carry out the provisions of 38
U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the
States through December 31, 2013, of which $3,414,000 is for
the National Veterans' Employment and Training Services
Institute.
In addition, to carry out Department of Labor programs
under section 5(a)(1) of the Homeless Veterans Comprehensive
Assistance Act of 2001, $38,185,000.
information technology modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $19,815,000.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $77,790,000, together with not to exceed
$5,898,000 which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. None of the funds made available to the
Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 may be used for any purpose other than competitive
grants for training in the occupations and industries for
which employers are using H-1B visas to hire foreign workers,
and the related activities necessary to support such
training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs. Notwithstanding this
section, the limitation on salaries for the Job Corps shall
continue to be governed by section 101.
Sec. 106. The Secretary shall take no action to amend,
through regulatory or administration action, the definition
established in section 667.220 of title 20 of the Code of
Federal Regulations for functions and activities under title
I of WIA, or to modify, through regulatory or administrative
action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in
section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the
preceding sentence shall permit or require the Secretary to
withdraw approval for such redesignation from a State that
received the approval not later than October 12, 2005, or to
revise action taken or modify the redesignation procedure
being used by the Secretary in order to complete such
redesignation for a State that initiated the process of such
redesignation by submitting any request for such
redesignation not later than October 26, 2005.
(including transfer of funds)
Sec. 107. Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-
aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees.
(including transfer of funds)
Sec. 108. (a) The Secretary may reserve not more than 0.5
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2014: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Office of Job
Corps'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security
Administration'', ``Office of Workers' Compensation
Programs'', ``Wage and Hour Division'', ``Office of Federal
Contract Compliance Programs'', ``Office of Labor-Management
Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'',
and ``Veterans Employment and Training''.
Sec. 109. None of the funds made available by this Act may
be used to promulgate the Definition of ``Fiduciary''
regulation (Regulatory Identification Number 1210-AB32)
published by the Employee Benefits Security Administration of
the Department of Labor on October 22, 2010 (75 Fed. Reg.
65263).
Sec. 110. (a) None of the amounts made available under this
Act may be used to promulgate, administer, enforce, or
otherwise implement the final rule entitled ``Temporary Non-
Agricultural Employment of H-2B Aliens in the United States''
published by the Department of Labor on February 21, 2012 (77
Fed. Reg. 10038).
(b) None of the amounts made available under this Act may
be used to promulgate, administer, enforce, or otherwise
implement the final rule entitled ``Wage Methodology for the
Temporary Non-Agricultural Employment H-2B Program''
published by the Department of Labor on January 19, 2011 (76
Fed. Reg. 3452).
Sec. 111. None of the funds made available by this Act may
be used by the Secretary to administer or enforce 29 CFR
779.372(c)(4).
(rescission)
Sec. 112. Of the unobligated balances available under the
heading ``Departmental Management, Working Capital Fund'',
$10,337,000 is rescinded: Provided, That no funds may be
rescinded from amounts previously designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 113. Of the funds appropriated under section 272(b)
of the Trade Act of 1974 for each of fiscal years 2013 and
2014, the Secretary may not reserve more than 3 percent of
such funds to conduct evaluations and provide technical
assistance relating to the activities carried out under
section 271 of such Act, including activities carried out
under such section supported by the appropriations provided
for fiscal years 2011 and 2012.
transfer of comptroller general authorities
Sec. 114. (a) Authority of Comptroller General To Pay Wages
and List Contractors Violating Contracts.--40 U.S.C. 3144, is
amended--
(1) in the title, by striking ``of Comptroller General'';
and
(2) in subsection (a)(1), by striking ``The Comptroller
General'' and inserting ``The Secretary of Labor''.
(b) Report of Violations and Withholding of Amounts for
Unpaid Wages and Liquidated Damages.--40 U.S.C. 3703, is
amended in subsection (b)(3), by--
(1) striking ``The Comptroller General'' in the first
sentence and inserting ``The Secretary of Labor''; and
(2) striking ``the Comptroller General'' in the second
sentence and inserting ``the Secretary of Labor''.
This title may be cited as the ``Department of Labor
Appropriations Act, 2013''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,585,064,000, of which $127,000 shall be
available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided, That no
more than $40,000 shall be available until expended for
carrying out the provisions of section 224(o) of the PHS Act,
including associated administrative expenses and relevant
evaluations: Provided further, That no more than $95,073,000
shall be available until expended for carrying out the
provisions of Public Law 104-73 and for expenses
[[Page S1803]]
incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law: Provided further,
That all funds provided for the Health Centers program, as
defined by section 330 of the PHS Act, by this Act or any
other Act for fiscal year 2013 shall be obligated by the
Secretary of Health and Human Services (referred to in this
title as ``Secretary'') by September 30, 2013, of which
$48,000,000 shall be awarded for base grant adjustments to
address the increased costs of care and implement quality
improvement activities.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, section 1128E of the
Social Security Act, section 301 of the Health Professions
Education Extension Amendments of 1992, and the Health Care
Quality Improvement Act of 1986, $746,529,000: Provided,
That section 301(k) of Public Law 102-408, sections
747(c)(2), 751(j)(2), and the proportional funding amounts in
paragraphs (1) through (4) of section 756(e) of the PHS Act
shall not apply to funds made available under this heading:
Provided further, That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the
Secretary may waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for fiscal
year 2013 and fiscal years thereafter: Provided further,
That no funds shall be available for section 340G-1 of the
PHS Act: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full
disclosure of information under such Act sufficient to
recover the full costs of operating the National Practitioner
Data Bank and shall remain available until expended to carry
out that Act: Provided further, That fees collected for the
full disclosure of information under the ``Health Care Fraud
and Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient
to recover the full costs of operating the program, and shall
remain available until expended to carry out that Act:
Provided further, That fees collected for the disclosure of
information under the information reporting requirement
program authorized by section 1921 of the Social Security Act
shall be sufficient to recover the full costs of operating
the program and shall remain available until expended to
carry out that Act: Provided further, That funds transferred
to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior
year adjustments to awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, and section 712 of the American Jobs
Creation Act of 2004, $856,807,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $78,641,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in paragraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,397,178,000, of which
$2,056,898,000 shall remain available to the Secretary
through September 30, 2015, for parts A and B of title XXVI
of the PHS Act, and of which not less than $963,299,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act: Provided,
That in addition to amounts provided herein, $25,000,000
shall be available from amounts available under section 241
of the PHS Act to carry out parts A, B, C, and D of title
XXVI of the PHS Act to fund Special Projects of National
Significance under section 2691: Provided further, That
notwithstanding section 2610(c) of the PHS Act, no funds
shall be transferred or reprogrammed from part A to part B of
title XXVI of the PHS Act as a result of an entity having
lost transitional grant area status in any fiscal year prior
to fiscal year 2013: Provided further, That within the funds
provided for part B, the amount required by section
2610(c)(2)(B)(ii)(I)(cc) shall be awarded to each State
containing a metropolitan area that lost transitional status
in a fiscal year prior to fiscal year 2013.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $82,534,000: Provided, That the
Secretary may collect a fee of 0.1 percent of each purchase
of 340B drugs from entities participating in the Drug Pricing
Program pursuant to section 340B of the PHS Act to pay for
the operating costs of such program: Provided further, That
fees pursuant to the 340B Drug Pricing Program shall be
collected by manufacturers at the time of sale, and shall be
credited to this account, to remain available until expended.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act, the Cardiac Arrest Survival Act
of 2000, and sections 711 and 1820 of the Social Security
Act, $140,072,000, of which $41,040,000 from general
revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program:
Provided, That of the funds made available under this heading
for Medicare rural hospital flexibility grants, $15,000,000
shall be available for the Small Rural Hospital Improvement
Grant Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for
the purchase and implementation of telehealth services,
including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs
electronic health record system: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $10,036,000
shall be available for State Offices of Rural Health.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$293,870,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
program management
For program support in the Health Resources and Services
Administration, $162,517,000: Provided, That funds made
available under this heading may be used to supplement
program support funding provided under the headings ``Primary
Health Care'', ``Health Workforce'', ``Maternal and Child
Health'', ``Ryan White HIV/AIDS Program'', ``Health Care
Systems'', and ``Rural Health''.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the PHS Act.
For administrative expenses to carry out the guaranteed
loan program, including section 709 of the PHS Act,
$2,807,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death
with respect to vaccines administered after September 30,
1988, pursuant to subtitle 2 of title XXI of the PHS Act, to
remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $6,477,000
shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, VII, XVII, and XXI, and
section 2821 of the PHS Act, titles II and IV of the
Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act, with respect to
immunization and respiratory diseases, $525,201,000:
Provided, That in addition to amounts provided herein,
$12,864,000 shall be available from amounts available under
section 241 of the PHS Act to carry out the National
Immunization Surveys: Provided further, That none of the
funds made available under this heading may be used to
require recipients of funding under section 317 of the PHS
Act to comply with the policy issued on July 10, 2012 titled
``Use of Vaccine Purchased with 317 Funds''.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, VII, XVII, XXIII, and XXVI
of the PHS Act with respect to HIV/AIDS, viral hepatitis,
sexually transmitted diseases, and tuberculosis prevention,
$1,101,956,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, VII, and XVII, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $266,458,000.
chronic disease prevention and health promotion
For carrying out titles II, III, VII, XI, XV, XVII, and XIX
of the PHS Act, with respect to chronic disease prevention
and health promotion, $797,081,000: Provided, That funds
appropriated under this account may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, VII, XI, and XVII of the
PHS Act with respect to birth defects, developmental
disabilities, and disabilities and health, $132,037,000.
public health scientific services
For carrying out titles II and III of the PHS Act with
respect to health statistics, surveillance, informatics, and
workforce development, $129,614,000: Provided, That in
addition to amounts provided herein,
[[Page S1804]]
$262,127,000 shall be available from amounts available under
section 241 of the PHS Act to carry out public health
scientific services.
environmental health
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to environmental health, $107,316,000.
injury prevention and control
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to injury prevention and control,
$137,693,000.
national institute for occupational safety and health
For carrying out titles II, III, VII, and XVII of the PHS
Act, sections 101, 102, 103, 201, 202, 203, 301, 501, and 514
of the Federal Mine Safety and Health Act, section 13 of the
Mine Improvement and New Emergency Response Act, and sections
20, 21, and 22 of the Occupational Safety and Health Act,
with respect to occupational safety and health, $181,222,000:
Provided, That in addition to amounts provided herein,
$111,366,000 shall be available from amounts available under
section 241 of the PHS Act.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, VII and XVII of the PHS
Act with respect to global health, $353,794,000, of which
$117,118,000 for international HIV/AIDS shall remain
available through September 30, 2014, and of which $7,000,000
shall remain available through September 30, 2014, to support
national public health institutes: Provided, That funds may
be used for purchase and insurance of official motor vehicles
in foreign countries.
public health preparedness and response
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to public health preparedness and response,
and for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,226,013,000, of
which $439,444,000 shall remain available until expended for
the Strategic National Stockpile under section 319F-2 of the
PHS Act: Provided, That funds appropriated under this
heading may be used to support the hire, maintenance, and
operation of aircraft for use and support of the activities
of CDC: Provided further, That in the event the Director of
the CDC activates the Emergency Operations Center, the
Director of the CDC may detail CDC staff without
reimbursement for up to 30 days to support the work of the
CDC Emergency Operations Center, so long as the Director
provides a notice to the Committees on Appropriations of the
House of Representatives and the Senate within 15 days of the
use of this authority and a full report within 30 days after
use of this authority which includes the number of staff and
funding level broken down by the originating center and
number of days detailed: Provided further, That in the
previous proviso the annual reimbursement cannot exceed
$3,000,000 across CDC.
buildings and facilities
For acquisition of real property, equipment, construction,
and renovation of facilities, $35,000,000, which shall remain
available until September 30, 2017: Provided, That funds
appropriated under this heading shall only be used to support
competitive acquisition, renovation, or replacement, of the
National Institute for Occupational Safety and Health's
underground and surface coal mining safety and health
research capacity and the applied technology and occupational
hazard evaluation field research capabilities.
In addition, $11,000,000 shall be available until September
30, 2014, for repairs and improvements of real property,
equipment, construction and facilities, of which $6,600,000
shall be derived from prior year unobligated balances of any
amounts available for Individual Learning Accounts.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, VII, XVII and XIX, and
section 2821 of the PHS Act and for cross-cutting activities
and program support that supplement activities funded under
the headings ``Immunization and Respiratory Diseases'',
``HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases,
and Tuberculosis Prevention'', ``Emerging and Zoonotic
Infectious Diseases'', ``Chronic Disease Prevention and
Health Promotion'', ``Birth Defects, Developmental
Disabilities, Disabilities and Health'', ``Environmental
Health'', ``Injury Prevention and Control'', ``National
Institute for Occupational Safety and Health'', ``Energy
Employees Occupational Illness Compensation Program'',
``Global Health'', ``Public Health Preparedness and
Response'', ``Public Health Scientific Services'', and
``Buildings and Facilities'', $591,500,000, of which
$380,000,000 shall be available until September 30, 2014, for
business services, and of which $105,000,000 shall be for the
Preventive Health and Health Services Block Grant Program:
Provided, That paragraphs (1) through (3) of subsection (b)
of section 2821 of the PHS Act shall not apply to funds
appropriated under this heading and in all other accounts of
the CDC: Provided further, That employees of CDC or the
Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act,
or in overseas assignments, shall not be included within any
personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated to
CDC in this Act for official reception and representation
expenses when specifically approved by the Director of CDC:
Provided further, That in addition, such sums as may be
derived from authorized user fees, which shall be credited to
the appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program shall
be available through September 30, 2014: Provided further,
That to facilitate the implementation of the permanent
Working Capital Fund (``WCF'') authorized under this heading
in division F of Public Law 112-74, on or after October 1,
2013, unobligated balances of amounts appropriated for
business services for fiscal year 2013 shall be transferred
to the WCF: Provided further, That on or after October 1,
2013, CDC shall transfer other amounts available for business
services to other CDC appropriations consistent with the
benefit each appropriation received from the business
services appropriation in fiscal year 2013: Provided
further, That once the WCF is implemented in fiscal year
2014, assets purchased with funds appropriated for or
reimbursed to business services may be transferred to the WCF
and customers billed for depreciation of those assets:
Provided further, That CDC shall, consistent with the
authorities provided in 42 U.S.C. 231, ensure that the WCF is
used only for administrative support services and not for
programmatic activities, and that WCF funds are not co-
mingled with programmatic activity funding: Provided
further, That CDC shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not later than 15 days prior to any transfers made with funds
provided under this heading.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,090,976,000, of which up to
$8,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,090,430,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$412,232,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,803,702,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$1,632,390,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$4,507,078,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,479,085,000:
Provided, That not less than $316,480,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,326,293,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$705,316,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $688,111,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $1,126,636,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $537,771,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$417,816,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $145,306,000.
[[Page S1805]]
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $461,221,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,057,270,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,485,749,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $515,113,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $339,610,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and alternative medicine,
$128,531,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $277,464,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $69,880,000.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $617,830,000:
Provided, That up to $25,000,000 shall be available to
implement section 480 of the PHS Act (relating to the Cures
Acceleration Network): Provided further, That at least
$487,767,000 is provided to the Clinical and Translational
Sciences Awards program.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$366,852,000, of which $2,000,000 shall be available until
September 30, 2014, for improvement of information systems:
Provided, That in fiscal year 2013, the National Library of
Medicine may enter into personal services contracts for the
provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes
of Health (referred to in this title as ``NIH''): Provided
further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under
section 241 of the PHS Act to carry out the purposes of the
National Information Center on Health Services Research and
Health Care Technology established under section 478A of the
PHS Act and related health services.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $1,465,289,000, of which up to $25,000,000
shall be used to carry out section 213 of this Act:
Provided, That funding shall be available for the purchase of
not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That NIH is authorized to collect
third-party payments for the cost of clinical services that
are incurred in NIH research facilities and that such
payments shall be credited to the NIH Management Fund:
Provided further, That all funds credited to the NIH
Management Fund shall remain available for 1 fiscal year
after the fiscal year in which they are deposited: Provided
further, That $165,000,000 shall be for the National
Children's Study (``NCS''), except that not later than July
15, 2013, the Director shall estimate the amount needed for
the NCS during fiscal year 2013, taking into account the
succeeding proviso, and any funds in excess of the estimated
need shall be transferred to and merged with the accounts for
the various Institutes and Centers of NIH in proportion to
their shares of total NIH appropriations made by this Act:
Provided further, That the Director shall contract with the
National Academy of Sciences within 60 days of enactment of
this Act to appoint an expert Institute of Medicine/National
Research Council (``IOM/NRC'') panel to conduct a
comprehensive review and issue a report regarding proposed
methodologies for the NCS Main Study, including whether such
methodologies are likely to produce scientifically sound
results that are generalizable to the United States
population and appropriate sub-populations, and no contracts
shall be awarded for conducting the Main Study until at least
60 days after the IOM/NRC report has been available to the
public: Provided further, That $547,962,000 shall be
available for the Common Fund established under section
402A(c)(1) of the PHS Act: Provided further, That of the
funds provided $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of
AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That funds
provided under this heading in this Act may be used to
support the Sanctuary System for Surplus Chimpanzees
authorized by section 404K of the PHS Act, including for the
construction, renovation, and funding of current or
additional facilities of the sanctuary system as authorized
by section 404K, notwithstanding the limitations in
subsection (g) of such section except that the aggregate
total of funds reserved may not exceed the amount specified
in subsection (g)(1) of such section by more than $2,000,000.
buildings and facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $125,308,000, to
remain available until September 30, 2017.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $958,060,000: Provided,
That notwithstanding section 520A(f)(2) of the PHS Act, no
funds appropriated for carrying out section 520A shall be
available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of
the PHS Act to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided
further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated under this Act for fiscal year
2013: Provided further, That of the amount appropriated
under this heading, $48,713,000 shall be for the National
Child Traumatic Stress Initiative as described in section 582
of the PHS Act.
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with
respect to substance abuse treatment and section 1922(a) of
the PHS Act with respect to substance abuse prevention,
$2,114,700,000: Provided, That in addition to amounts
provided herein, the following amounts shall be available
under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $185,364,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $104,210,000: Provided, That
in addition to amounts provided herein, $27,428,000 shall be
available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be
collected for the costs associated with additional
publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be
credited to this appropriation and shall remain available
until expended for such purposes: Provided further, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $349,053,000 shall be available
from amounts available under section 241 of the PHS Act,
notwithstanding subsection 947(c) of such Act: Provided,
That in addition, amounts received from Freedom of
Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30,
2014.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $178,791,197,000, to
remain available until expended.
For making, after May 31, 2013, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title
[[Page S1806]]
XIX of the Social Security Act for the last quarter of fiscal
year 2013 for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2014,
$106,335,631,000, to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $251,417,790,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare and Medicaid Services, not to exceed
$3,826,187,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall
be credited to this account and remain available until
September 30, 2018: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this
appropriation: Provided further, That $11,150,000, to remain
available through September 30, 2014, shall be for contract
costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That the Secretary is directed to
collect fees in fiscal year 2013 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to
section 1876(k)(4)(D) of that Act: Provided further, That
$44,000,000 shall be available for the State high-risk health
insurance pool program as authorized by the State High Risk
Pool Funding Extension Act of 2006.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $309,790,000, to remain
available through September 30, 2014, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$250,442,000 shall be for the Centers for Medicare and
Medicaid Services Program Integrity Activities, including
administrative costs, to conduct oversight activities for the
Medicare program, including but not limited to Medicare
Advantage under part C and the Medicare Prescription Drug
Program under part D of title XVIII of the Social Security
Act, and for activities described in section 1893(b) of such
Act and for Medicaid and Children's Health Insurance Program
integrity activities, of which $29,674,000 shall be for the
Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by
section 1817(k)(3) of such Act, and of which $29,674,000
shall be for the Department of Justice to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such
Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2013
shall include measures of the operational efficiency and
impact on fraud, waste, and abuse in the Medicare, Medicaid,
and CHIP programs for the funds provided by this
appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, $2,756,485,000, to
remain available until expended; and for such purposes for
the first quarter of fiscal year 2014, $1,100,000,000, to
remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under
title IV-A of the Social Security Act before the effective
date of the program of Temporary Assistance for Needy
Families with respect to such State, such sums as may be
necessary: Provided, That the sum of the amounts available
to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the
limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and
the Act of July 5, 1960, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $3,471,672,000: Provided, That all but $497,000,000 of
such funds shall be allocated as though the total
appropriation for such payments for fiscal year 2013 was less
than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section
2602(b), not more than $3,000,000 of such amounts may be
reserved by the Secretary for technical assistance, training,
and monitoring of program activities for compliance with
internal controls, policies and procedures.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and the Trafficking Victims Protection Act of
2000, for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the
Torture Victims Relief Act of 1998, $1,004,000,000, of which
up to $9,775,000 shall be available to carry out the
Trafficking Victims Protection Act of 2000: Provided, That
funds appropriated under this heading pursuant to section
414(a) of the Immigration and Nationality Act, section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and the Trafficking Victims Protection Act of
2000 for fiscal year 2013 shall be available for the costs of
assistance provided and other activities to remain available
through September 30, 2015.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $2,388,313,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided,
That $19,396,000 shall be available for child care resource
and referral and school-aged child care activities, of which
$1,000,000 shall be available to the Secretary for a
competitive grant for the operation of a national toll free
referral line and Web site to develop and disseminate child
care consumer education information for parents and help
parents access child care in their local community: Provided
further, That, in addition to the amounts required to be
reserved by the States under section 658G of the CCDBG Act,
$304,733,000 shall be reserved by the States for activities
authorized under section 658G, of which $111,758,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $9,871,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Child Abuse
Prevention and Treatment Act, sections 303 and 313 of the
Family Violence Prevention and Services Act, the Native
American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), the Abandoned Infants Assistance
Act of 1988, part B-1 of title IV and sections 413, 1110, and
1115 of the Social Security Act; for making payments under
the Community Services Block Grant Act (``CSBG Act''),
sections 473B and 477(i) of the Social Security Act, and the
Assets for Independence Act; for necessary administrative
expenses to carry out such Acts and titles I, IV, V, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July
5, 1960, the Low Income Home Energy Assistance Act of 1981,
title IV of the Immigration and Nationality Act, and section
501 of the Refugee Education Assistance Act of 1980; and for
the administration of prior year obligations made under the
Developmental Disabilities Assistance and Bill of Rights Act
and the Help America Vote Act of 2002, $9,800,869,000, of
which $39,346,000, to remain available through September 30,
2014, shall be for grants to States for adoption incentive
payments, as authorized by section
[[Page S1807]]
473A of the Social Security Act and may be made for adoptions
completed before September 30, 2013: Provided, That
$8,018,544,000 shall be for making payments under the Head
Start Act: Provided further, That of the amount in the
previous proviso, $7,968,543,933 shall be available for
payments under section 640 of the Head Start Act at the same
level of such payments for fiscal year 2012: Provided
further, That of the remaining amount for making payments
under the Head Start Act under this heading, notwithstanding
any other provision of law, $25,000,000 shall be available
for allocation by the Secretary to supplement activities
described in paragraphs (7)(B) and (9) of section 641(c) of
such Act under the Designation Renewal System, established
under the authority of sections 641(c)(7), 645A(b)(12) and
645A(d) of such Act, and $25,000,000 shall be available for
carrying out the cost of living adjustment described in
section 640(a)(3)(A)(ii)(II)(aa) of such Act: Provided
further, That amounts allocated to Head Start grantees at the
discretion of the Secretary to supplement activities pursuant
to the previous proviso shall not be included in calculation
of the ``base grant'' in subsequent fiscal years, as such
term is used in section 640(a)(7)(A) of the Head Start Act:
Provided further, That $718,282,000 shall be for making
payments under the CSBG Act: Provided further, That
$41,274,000 shall be for sections 680 and 678E(b)(2) of the
CSBG Act, of which not less than $34,943,000 shall be for
section 680(a)(2) and not less than $5,981,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That to
the extent funds provided in this Act for the Assets for
Independence Act are distributed as grant funds to a
qualified entity and have not been expended by such entity
within three years after the date of award, such funds may be
recaptured and reallocated among other qualified entities, to
remain available to such other qualified entities for five
years: Provided further, That in addition to amounts
provided herein, $5,762,000 shall be available from amounts
available under section 241 of the PHS Act to carry out the
provisions of section 1110 of the Social Security Act:
Provided further, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an
eligible entity as provided under the CSBG Act, and have not
been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and
program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of
such grantees after a period of not more than 12 years after
the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments
and other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available
after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
$1,992,000 shall be for a human services case management
system for federally declared disasters, to include a
comprehensive national case management contract and Federal
costs of administering the system: Provided further, That
section 303(a)(2)(A)(i) of the Family Violence Prevention and
Services Act shall not apply to amounts provided herein:
Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$345,000,000 and in addition, for carrying out section 437 of
such Act, $63,065,000.
payments for foster care and permanency
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, and for carrying
out section 477(g) of such Act, $4,810,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, for the first
quarter of fiscal year 2014, $2,200,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E of the Social Security Act, for the
last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), section 398 and title
XXIX of the PHS Act, section 119 of the Medicare Improvements
for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, section 291 of the Help
America Vote Act of 2002, for necessary administrative
expenses to carry out section 393D of the PHS Act, and for
Department-wide coordination of policy and program activities
that assist individuals with disabilities, $1,650,488,000,
together with $52,115,000 to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to carry out section 4360 of the
Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for
grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and
activities which have been demonstrated through rigorous
evaluation to be evidence-based and effective: Provided
further, That none of the funds provided shall be used to
carry out sections 1701 and 1703 of the PHS Act (with respect
to chronic disease self-management activity grants), except
that such funds may be used for necessary expenses associated
with administering any such grants awarded prior to the date
of the enactment of this Act: Provided further, That the
total amount available for fiscal year 2013 under this and
any other Act to carry out activities related to Aging and
Disability Resource Centers under subsections (a)(20)(B)(iii)
and (b)(8) of section 202 of the OAA shall not exceed the
amount obligated for such purposes for fiscal year 2010 from
funds available under Public Law 111-117: Provided further,
That notwithstanding any other provision of this Act, funds
made available under this heading to carry out section 311 of
the OAA may be transferred to the Secretary of Agriculture in
accordance with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, and
XXI of the PHS Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of
the Social Security Act, $473,424,000, together with
$69,211,000 from the amounts available under section 241 of
the PHS Act to carry out national health or human services
research and evaluation activities: Provided, That of this
amount, $53,681,000 shall be for minority AIDS prevention and
treatment activities: Provided further, That of the funds
made available under this heading, $104,592,000 shall be for
making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate
programs that reduce teen pregnancy and for the Federal costs
associated with administering and evaluating such contracts
and grants, of which not less than $75,000,000 shall be for
replicating programs that have been proven effective through
rigorous evaluation to reduce teenage pregnancy, behavioral
risk factors underlying teenage pregnancy, or other
associated risk factors, of which not less than $25,000,000
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy, and
of which any remaining amounts shall be available for
training and technical assistance, evaluation, outreach, and
additional program support activities: Provided further,
That of the amounts provided under this heading from amounts
available under section 241 of the PHS Act, $8,455,000 shall
be available to carry out evaluations (including longitudinal
evaluations) of teenage pregnancy prevention approaches:
Provided further, That of the funds made available under this
heading, $5,000,000 shall be for making competitive grants to
provide abstinence education (as defined by section
510(b)(2)(A)-(H) of the Social Security Act) to adolescents,
and for Federal costs of administering the grant: Provided
further, That grants made under the authority of section
510(b)(2)(A)-(H) of the Social Security Act shall be made
only to public and private entities that agree that, with
respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding
sexual conduct, except that, in the case of an entity
expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking
health information or services from the entity in a different
setting than the setting in which abstinence education was
provided: Provided further, That of the funds made available
under this heading, $3,500,000 shall be for strengthening the
capacity and capabilities of the acquisition workforce (as
defined in 41 U.S.C. 1703) of HHS, including for training,
recruitment, and hiring and retention of members of the
acquisition workforce; information technology in support of
acquisition workforce effectiveness; and management solutions
to improve acquisition management: Provided further, That
funds provided in this Act for embryo adoption activities may
be used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with
42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such
[[Page S1808]]
Act), $79,908,000, to be transferred in appropriate part from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $16,415,000: Provided, That in
addition to amounts provided herein, $49,842,000 shall be
available from amounts available under section 241 of the PHS
Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $55,483,000: Provided, That
of such amount, necessary sums shall be available for
providing protective services to the Secretary and
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228:
Provided further, That at least 40 percent of this amount
shall be used only for investigations, audits, and
evaluations pertaining to the discretionary programs funded
in this Act.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,966,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $561,576,000; of
which $5,000,000 shall remain available through September 30,
2015, to support emergency operations and of which
$15,000,000 shall remain available until expended for the
purpose of funding a strategic investment corporation
established to further the purposes of section 319L of the
PHS Act to foster innovation in the development of medical
countermeasures; and of which up to $5,000,000 shall remain
available through September 30, 2015 to support the delivery
of medical countermeasures.
From funds transferred to this account pursuant to the
fourth paragraph under this heading in Public Law 111-117, up
to $415,000,000 shall be available for expenses necessary to
support advanced research and development pursuant to section
319L of the PHS Act, and other administrative expenses of the
Biomedical Advanced Research and Development Authority to
support additional advanced research and development:
Provided, That funds provided under this heading for the
purpose of acquisition of security countermeasures may be
used and shall be in addition to any other funds available
for such purpose: Provided further, That products purchased
with funds provided under this heading may, at the discretion
of the Secretary, be deposited in the Strategic National
Stockpile pursuant to section 319F-2 of the PHS Act.
In addition, for expenses necessary for replacement of
building leases and associated renovation costs for Public
Health Service agencies and other components of the
Department of Health and Human Services, including relocation
and fit-out costs, $17,000,000, to remain available until
expended.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, until
15 days following notification to the Committees on
Appropriations of the House of Representatives and the Senate
regarding the planned uses of such funds: Provided, That any
further adjustments to such taps or assessments shall be
treated as a reprogramming of such funds under section 514 of
this Act.
Sec. 205. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) of the
implementation and effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
(transfer of funds)
Sec. 207. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate shall be notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2013:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and
[[Page S1809]]
benefits similar to those provided under chapter 9 of title I
of the Foreign Service Act of 1980, and 22 U.S.C. 4081
through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a
percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such personnel under section 5304 of title 5,
United States Code if such personnel's official duty station
were in the District of Columbia. Leaves of absence for
personnel under this subsection shall be on the same basis as
that provided under subchapter I of chapter 63 of title 5,
United States Code, or section 903 of the Foreign Service Act
of 1980, to individuals serving in the Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds available under section 402(b)(7) or 402(b)(12) of the
PHS Act to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research
identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 214. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 215. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under section 747 of the PHS
Act, and 1 percent of the amount made available for NRSA
shall be made available to the Director of the Agency for
Healthcare Research and Quality to make NRSA awards for
health service research.
Sec. 216. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 217. (a) The Secretary shall publish in the fiscal
year 2014 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the Patient Protection and Affordable
Care Act (``PPACA''), and the amendments made by that Act, in
the proposed fiscal year and the 3 prior fiscal years.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the PPACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who:
(1) Are supported through appropriations enacted in laws
other than PPACA and work on programs that existed prior to
the passage of PPACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in PPACA;
(3) or who work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price
contracts.
Sec. 218. (a) The Secretary shall establish a publicly
accessible Web site to provide information regarding the uses
of funds made available under section 4002 of Public Law 111-
148.
(b) With respect to funds provided under section 4002, the
Secretary shall include on the Web site established under
subsection (a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to
be posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for
grants, cooperative agreements, or contracts intended to be
awarded using such funds, to be posted not later than the day
after the announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity of
the recipient, to be posted not later than 5 days after the
award is made.
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted
not later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2012 and
2013, the Secretary shall also include on the Web site
established under subsection (a), semi-annual reports from
each entity awarded a grant, cooperative agreement, or
contract from such funds with a value of $25,000 or more,
summarizing the activities undertaken and identifying any
sub-grants or sub-contracts awarded (including the purpose of
the award and the identity of the recipient), to be posted
not later than 30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall:
(1) present the information required in subsection (b)(1)
on a single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2013''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (referred to in this Act as ``ESEA'')
and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $15,866,609,000, of
which $4,933,013,000 shall become available on July 1, 2013,
and shall remain available through September 30, 2014, and of
which $10,841,177,000 shall become available on October 1,
2013, and shall remain available through September 30, 2014,
for academic year 2013-2014: Provided, That $6,577,904,000
shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $3,984,000 of these funds shall
be available to the Secretary of Education (referred to in
this title as ``Secretary'') on October 1, 2012, to obtain
annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further,
That $3,350,626,000 shall be for targeted grants under
section 1125 of the ESEA: Provided further, That
$3,350,626,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further,
That funds available under sections 1124, 1124A, 1125 and
1125A of the ESEA may be used to provide homeless children
and youths with services not ordinarily provided to other
students under those sections, including supporting the
liaison designated pursuant to section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act, and providing
transportation pursuant to section 722(g)(1)(J)(iii) of such
Act: Provided further, That $3,100,000 shall be to carry out
sections 1501 and 1503 of the ESEA: Provided further, That
$533,552,000 shall be available for school improvement grants
under section 1003(g) of the ESEA, which shall be allocated
by the Secretary through the formula described in section
1003(g)(2) and shall be used consistent with the requirements
of section 1003(g), except that State and local educational
agencies may use such funds to serve any school eligible to
receive assistance under part A of title I that has not made
adequate yearly progress for at least 2 years or is in the
State's lowest quintile of performance based on proficiency
rates and, in the case of secondary schools, priority shall
be given to those schools with graduation rates below 60
percent: Provided further, That funds available for school
improvement grants may be used by a local educational agency
to implement a whole-school reform strategy for a school
using an evidence-based strategy that ensures whole-school
reform is undertaken in partnership with a strategy developer
offering a whole-school reform program that is based on at
least a moderate level of evidence that the program will have
a statistically significant effect on student outcomes,
including more than one well-designed or well-implemented
experimental or quasi-experimental study: Provided further,
That funds available for school improvement grants may be
used by a local educational agency to implement an
alternative State-determined school improvement strategy that
has been established by a State educational agency with the
approval of the Secretary: Provided further, That a local
educational agency that is determined to be eligible for
services under subpart 1 or 2 of part B of title VI of the
ESEA may modify not more than one element of a school
improvement grant model: Provided further, That
notwithstanding section 1003(g)(5)(A), each State educational
agency may establish a maximum subgrant size of not more than
$2,000,000 for each participating school applicable to such
funds: Provided further, That
[[Page S1810]]
the Secretary may reserve up to 5 percent of the funds
available for section 1003(g) of the ESEA to carry out
activities to build State and local educational agency
capacity to implement effectively the school improvement
grants program: Provided further, That $159,698,000 shall be
available under section 1502 of the ESEA for a comprehensive
literacy development and education program to advance
literacy skills, including pre-literacy skills, reading, and
writing, for students from birth through grade 12, including
limited-English-proficient students and students with
disabilities, of which one-half of 1 percent shall be
reserved for the Secretary of the Interior for such a program
at schools funded by the Bureau of Indian Education, one-half
of 1 percent shall be reserved for grants to the outlying
areas for such a program, up to 5 percent may be reserved for
national activities, and the remainder shall be used to award
competitive grants to State educational agencies for such a
program, of which a State educational agency may reserve up
to 5 percent for State leadership activities, including
technical assistance and training, data collection,
reporting, and administration, and shall subgrant not less
than 95 percent to local educational agencies or, in the case
of early literacy, to local educational agencies or other
nonprofit providers of early childhood education that partner
with a public or private nonprofit organization or agency
with a demonstrated record of effectiveness in improving the
early literacy development of children from birth through
kindergarten entry and in providing professional development
in early literacy, giving priority to such agencies or other
entities serving greater numbers or percentages of
disadvantaged children: Provided further, That the State
educational agency shall ensure that at least 15 percent of
the subgranted funds are used to serve children from birth
through age 5, 40 percent are used to serve students in
kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an
equitable distribution of funds between middle and high
schools: Provided further, That eligible entities receiving
subgrants from State educational agencies shall use such
funds for services and activities that have the
characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and
other research-based methods of improving classroom
instruction and practice.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
ESEA, $1,311,186,000, of which $1,173,540,000 shall be for
basic support payments under section 8003(b), $48,413,000
shall be for payments for children with disabilities under
section 8003(d), $17,441,000 shall be for construction under
section 8007(a), $66,947,000 shall be for Federal property
payments under section 8002, and $4,845,000, to remain
available until expended, shall be for facilities maintenance
under section 8008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 8003(a) for school year 2012-2013,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 8003(a)(1)(B)
of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military
parent or legal guardian while on active duty (so long as
such children reside on Federal property as described in
section 8003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by parts A and B of title II, part B of title IV, parts A and
B of title VI, and parts B and C of title VII of the ESEA;
the McKinney-Vento Homeless Assistance Act; section 203 of
the Educational Technical Assistance Act of 2002; the Compact
of Free Association Amendments Act of 2003; and the Civil
Rights Act of 1964, $4,554,096,000, of which $2,729,595,000
shall become available on July 1, 2013, and remain available
through September 30, 2014, and of which $1,681,441,000 shall
become available on October 1, 2013, and shall remain
available through September 30, 2014, for academic year 2013-
2014: Provided, That funds made available to carry out part
B of title VII of the ESEA may be used for construction,
renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary
school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That funds
made available to carry out part C of title VII of the ESEA
shall be awarded on a competitive basis, and also may be used
for construction: Provided further, That $51,113,000 shall
be available to carry out section 203 of the Educational
Technical Assistance Act of 2002: Provided further, That
$17,619,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands:
Provided further, That up to 5 percent of the amount referred
to in the previous proviso may be reserved by the Federated
States of Micronesia and the Republic of the Marshall Islands
to administer the Supplemental Education Grants programs and
to obtain technical assistance, oversight and consultancy
services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and
Human Services, and Education for such services: Provided
further, That up to 3 percent of the funds for subpart 1 of
part A of title II of the ESEA shall be reserved by the
Secretary for competitive awards for teacher or principal
recruitment and training or professional enhancement
activities to national not-for-profit organizations, of which
up to 10 percent may be used for related research,
development, evaluation, technical assistance, and outreach
activities.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the ESEA,
$130,779,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V of the ESEA, and sections 14006 and
14007 of division A of the American Recovery and Reinvestment
Act of 2009, as amended, $1,524,441,000: Provided, That the
Secretary may use up to $549,284,000, which shall remain
available for obligation through December 31, 2013, for
section 14006 of division A of Public Law 111-5, as amended,
to make awards (including on the basis of previously
submitted applications) to State educational agencies, local
educational agencies, or consortia of either, in accordance
with the applicable requirements of that section, as
determined by the Secretary, and may use up to 5 percent of
such funds for technical assistance and evaluation of the
activities carried out under that section: Provided further,
That the Secretary shall make new awards for State grants for
improving early childhood care and education for infants,
toddlers, and pre-schoolers under such section and shall
administer such grants jointly with the Secretary of HHS on
such terms as such Secretaries set forth in an interagency
agreement: Provided further, That up to $149,417,000 shall
be available for obligation through December 31, 2013 for
section 14007 of division A of Public Law 111-5, and up to 5
percent of such funds may be used for technical assistance
and the evaluation of activities carried out under such
section: Provided further, That $299,433,000 of the funds
for subpart 1 of part D of title V of the ESEA shall be for
competitive grants to local educational agencies, including
charter schools that are local educational agencies, or
States, or partnerships of: (1) a local educational agency, a
State, or both; and (2) at least one non-profit organization
to develop and implement performance-based compensation
systems for teachers, principals, and other personnel in
high-need schools: Provided further, That such performance-
based compensation systems must consider gains in student
academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided
further, That recipients of such grants shall demonstrate
that such performance-based compensation systems are
developed with the input of teachers and school leaders in
the schools and local educational agencies to be served by
the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools
(which may be developed and used for the entire local
educational agency or only for schools served under the
grant) that would enhance the quality and success of the
compensation system, such as high-quality teacher evaluations
and tools to measure growth in student achievement: Provided
further, That applications for such grants shall include a
plan to sustain financially the activities conducted and
systems developed under the grant once the grant period has
expired: Provided further, That up to 5 percent of such
funds for competitive grants shall be available for technical
assistance, training, peer review of applications, program
outreach, and evaluation activities: Provided further, That
of the funds available for part B of title V of the ESEA, the
Secretary shall use not less than $16,000,000 to carry out
activities under section 5205(b) and shall use not less than
$11,000,000 for subpart 2: Provided further, That of the
funds available for subpart 1 of part B of title V of the
ESEA, and notwithstanding section 5205(a), the Secretary
shall reserve not less than $30,000,000 to make multiple
awards to non-profit charter management organizations and
other entities that are not for-profit entities for the
replication and expansion of successful charter school models
and shall reserve up to $14,082,000 to carry out the
activities described in section 5205(a), including improving
quality and oversight of charter schools and providing
technical assistance and grants to authorized public
chartering agencies in order to increase the number of high-
performing charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall
describe a plan to monitor and hold accountable authorized
public chartering agencies through such activities as
providing technical assistance or establishing a professional
development program, which may include evaluation, planning,
training, and systems development for staff
[[Page S1811]]
of authorized public chartering agencies to improve the
capacity of such agencies in the State to authorize, monitor,
and hold accountable charter schools: Provided further, That
each application submitted pursuant to section 5203(a) shall
contain assurances that State law, regulations, or other
policies require that: (1) each authorized charter school in
the State operate under a legally binding charter or
performance contract between itself and the school's
authorized public chartering agency that describes the rights
and responsibilities of the school and the public chartering
agency, including student academic achievement goals for all
groups of students described in section 1111(b)(2)(C)(v) of
the ESEA; conduct annual, timely, and independent audits of
the school's financial statements that are filed with the
school's authorized public chartering agency; and demonstrate
improved student academic achievement; and (2) authorized
public chartering agencies use increases in student academic
achievement for all groups of students described in section
1111(b)(2)(C)(v) of the ESEA as the primary factor when
determining to renew or revoke a school's charter: Provided
further, That each application submitted pursuant to section
5203(a) may use the funds to make multiple awards for
subgrants to not-for-profit charter management organizations
and other not-for-profit entities for the replication and
expansion of successful charter school models, in addition to
supporting new charter schools models.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title
IV and subparts 1, 2, and 10 of part D of title V of the
ESEA, $259,589,000: Provided, That $48,600,000 shall be
available for subpart 2 of part A of title IV: Provided
further, That $80,000,000 shall be available for Promise
Neighborhoods and shall be available through December 31,
2013.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$732,144,000, which shall become available on July 1, 2013,
and shall remain available through September 30, 2014, except
that 6.5 percent of such amount shall be available on October
1, 2012, and shall remain available through September 30,
2014, to carry out activities under section 3111(c)(1)(C):
Provided, That the Secretary shall use estimates of the
American Community Survey child counts for the most recent 3-
year period available to calculate allocations under such
part.
Special Education
For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and
Empowerment Act of 2004, $12,790,709,000, of which
$3,259,828,000 shall become available on July 1, 2013, and
shall remain available through September 30, 2014, and of
which $9,283,383,000 shall become available on October 1,
2013, and shall remain available through September 30, 2014,
for academic year 2013-2014: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2012, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2012: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611(d), from funds appropriated
under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos from funds appropriated for
fiscal year 2012 or any subsequent year shall not be
considered in calculating the awards under section 611(d) for
fiscal year 2013 or for any subsequent fiscal years:
Provided further, That the funds reserved under 611(c) of the
IDEA may be used to provide technical assistance to States to
improve the capacity of the States to meet the data
collection requirements of sections 616 and 618 and to
administer and carry out other services and activities to
improve data collection, coordination, quality, and use under
parts B and C of the IDEA: Provided further, That the level
of effort a local educational agency must meet under section
613(a)(2)(A)(iii) of the IDEA, in the year after it fails to
maintain effort is the level of effort that would have been
required in the absence of that failure and not the local
educational agency's reduced level of expenditures: Provided
further, That the Secretary may, notwithstanding section
643(e)(1) of the IDEA, reserve up to $2,710,000 of the amount
provided under section 644 for incentive grants to States to
carry out section 635(c): Provided further, That $1,996,000,
to remain available for obligation through September 30,
2014, shall be for competitive grants to States, incentive
payments, and related activities as may be necessary to
improve the provision and coordination of services and
supports for Supplemental Security Income (``SSI'') child
recipients and their families or households in order to
achieve improved outcomes, including both physical and
emotional health, education and post-school outcomes, such as
completing postsecondary education and job training and
obtaining employment, that may result in long-term
improvements in the SSI child recipient's economic self-
sufficiency: Provided further, That States may award
subgrants for a portion of the funds to other public and
private, non-profit entities: Provided further, That funds
provided in the ninth proviso may be used for performance-
based awards for Pay for Success projects: Provided further,
That, with respect to the previous proviso, any funds
obligated for such projects shall remain available for
disbursement until expended, notwithstanding 31 U.S.C.
1552(a): Provided further, That, with respect to the twelfth
proviso, any deobligated funds from such projects shall
immediately be available for section 611 of the IDEA.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act,
$3,624,226,000: Provided, That the Secretary may use amounts
provided in this Act that remain available subsequent to the
reallotment of funds to States pursuant to section 110(b) of
the Rehabilitation Act for activities aimed at improving the
outcomes of children receiving Supplemental Security Income
(SSI) and their families that may result in long-term
improvement in the SSI child recipient's economic status and
self-sufficiency: Provided further, That States may award
subgrants for a portion of the funds to other public and
private, non-profit entities: Provided further, That any
funds made available subsequent to reallotment for activities
aimed at improving the outcomes of children receiving SSI and
their families shall remain available until September 30,
2014: Provided further, That not to exceed $20,000,000 of
the amounts made available in the first proviso may be used
for performance-based awards for Pay for Success projects:
Provided further, That, with respect to the previous proviso,
any funds obligated for such projects shall remain available
for disbursement until expended, notwithstanding 31 U.S.C.
1552(a): Provided further, That, with respect to the fifth
proviso, any deobligated funds from such projects shall
immediately be available for programs authorized under the
Rehabilitation Act of 1973: Provided further, That
$2,000,000 shall be for competitive grants to support
alternative financing programs that provide for the purchase
of assistive technology devices, such as a low-interest loan
fund; an interest buy-down program; a revolving loan fund; a
loan guarantee; or insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and
control: Provided further, That State agencies and
community-based disability organizations that are directed by
and operated for individuals with disabilities shall be
eligible to compete.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,505,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$65,422,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $124,541,000, of which $7,000,000
shall be for construction and shall remain available until
expended: Provided, That from the total amount available,
the University may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
and the Adult Education and Family Literacy Act (referred to
in this Act as the ``AEFLA''), $1,737,154,000, of which
$946,154,000 shall become available on July 1, 2013, and
shall remain available through September 30, 2014, and of
which $791,000,000 shall become available on October 1, 2013,
and shall remain available through September 30, 2014:
Provided, That of the amount provided for Adult Education
State Grants, $74,709,000 shall be made available for
integrated English literacy and civics education services to
immigrants and other limited-English-proficient
[[Page S1812]]
populations: Provided further, That of the amount reserved
for integrated English literacy and civics education,
notwithstanding section 211 of the AEFLA, 65 percent shall be
allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year
average of the United States Citizenship and Immigration
Services data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by
the average of the 3 most recent years for which United
States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts
made available for AEFLA, $11,302,000 shall be for national
leadership activities under section 243.
Student Financial Assistance
For carrying out subparts 1 and 3 of part A, and part C of
title IV of the HEA, $24,535,281,000, which shall remain
available through September 30, 2014.
The maximum Pell Grant for which a student shall be
eligible during award year 2013-2014 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, and 9 of part A, and parts B, C,
D, and E of title IV of the HEA, $1,105,363,000, to remain
available until September 30, 2014.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the
Mutual Educational and Cultural Exchange Act of 1961, and
section 117 of the Carl D. Perkins Career and Technical
Education Act of 2006, $1,911,502,000: Provided, That
$607,000 shall be for data collection and evaluation
activities for programs under the HEA, including such
activities needed to comply with the Government Performance
and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study
in foreign countries by individuals who are participating in
advanced foreign language training and international studies
in areas that are vital to United States national security
and who plan to apply their language skills and knowledge of
these countries in the fields of government, the professions,
or international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent
may be used for program evaluation, national outreach, and
information dissemination activities: Provided further,
That, of the amount available under subpart 2 of part A of
title VII of the HEA, the Secretary may use up to $4,451,000
to fund continuation awards for projects originally supported
under subpart 1 of part A of title VII of the HEA.
Howard University
For partial support of Howard University, $234,064,000, of
which not less than $3,593,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $459,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2014: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $320,350,000:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $352,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$591,664,000, which shall remain available through September
30, 2014: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may
be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce
data systems, or to further develop such systems: Provided
further, That up to $10,000,000 of the funds available to
carry out section 208 of the Educational Technical Assistance
Act may be used for awards to public or private organizations
or agencies to support activities to improve data
coordination, quality, and use at the local, State, and
national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $448,470,000, of which
$2,211,000, to remain available until expended, shall be for
relocation of, and renovation of buildings occupied by,
Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $102,624,000.
office of the inspector general
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $59,820,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing, or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 305. The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under
part A of title V of the ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2013''
for ``2009''.
Sec. 307. (a) Section 206 of the Department of Education
Organization Act (20 U.S.C. 3416) is amended--
(1) by striking out the heading and inserting ``Office of
Career, Technical, and Adult Education'';
(2) by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and
Adult Education'';
(3) by striking out ``Assistant Secretary for Vocational
and Adult Education'' and inserting ``Assistant Secretary for
Career, Technical, and Adult Education''; and
(4) by striking out ``vocational and adult education'' each
place it appears and inserting ``career, technical, and adult
education''.
(b) Section 202 of the Department of Education Organization
Act (20 U.S.C. 3412) is amended--
(1) in subsection (b)(1)(C), by striking out ``Assistant
Secretary for Vocational and Adult Education'' and inserting
``Assistant Secretary for Career, Technical, and Adult
Education''; and
(2) in subsection (h), by striking out ``Assistant
Secretary for Vocational and Adult Education'' each place it
appears and inserting ``Assistant Secretary for Career,
Technical, and Adult Education''.
(c) Section 1 of the Department of Education Organization
Act (20 U.S.C. 3401 note) is amended by striking out the
entry for section 206 and inserting ``Sec. 206. Office of
Career, Technical, and Adult Education.''.
(d) Section 114(b)(1) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2324(b)(1)) is
amended by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and
Adult Education''.
Sec. 308. (a) Student Eligibility.--
(1) Subsection (d) of section 484 of the HEA (20 U.S.C.
1091) is amended to read as follows:
``(d) Students Who Are Not High School Graduates.--
``(1) Student eligibility.--In order for a student who does
not have a certificate of
[[Page S1813]]
graduation from a school providing secondary education, or
the recognized equivalent of such certificate, to be eligible
for any assistance under subparts 1 and 3 of part A and parts
B, C, D, and E of this title, the student shall meet the
requirements of one of the following subparagraphs:
``(A) The student is enrolled in an eligible career pathway
program and meets one of the following standards:
``(i) The student shall take an independently administered
examination and shall achieve a score, specified by the
Secretary, demonstrating that such student can benefit from
the education or training being offered. Such examination
shall be approved by the Secretary on the basis of compliance
with such standards for development, administration, and
scoring as the Secretary may prescribe in regulations.
``(ii) The student shall be determined as having the
ability to benefit from the education or training in
accordance with such process as the State shall prescribe.
Any such process described or approved by a State for the
purposes of this section shall be effective 6 months after
the date of submission to the Secretary unless the Secretary
disapproves such process. In determining whether to approve
or disapprove such process, the Secretary shall take into
account the effectiveness of such process in enabling
students without high school diplomas or the equivalent
thereof to benefit from the instruction offered by
institutions utilizing such process, and shall also take into
account the cultural diversity, economic circumstances, and
educational preparation of the populations served by the
institutions.
``(iii) The student shall be determined by the institution
of higher education as having the ability to benefit from the
education or training offered by the institution of higher
education upon satisfactory completion of 6 credit hours or
the equivalent coursework that are applicable toward a degree
or certificate offered by the institution of higher
education.
``(B) The student has completed a secondary school
education in a home school setting that is treated as a home
school or private school under State law.
``(2) Eligible career pathway program.--In this subsection,
the term `eligible career pathway program' means a program
that--
``(A) concurrently enrolls participants in connected adult
education and eligible postsecondary programs;
``(B) provides counseling and supportive services to
identify and attain academic and career goals;
``(C) provides structured course sequences that--
``(i) are articulated and contextualized; and
``(ii) allow students to advance to higher levels of
education and employment;
``(D) provides opportunities for acceleration to attain
recognized postsecondary credentials, including degrees,
industry relevant certifications, and certificates of
completion of apprenticeship programs;
``(E) is organized to meet the needs of adults;
``(F) is aligned with the education and skill needs of the
regional economy; and
``(G) has been developed and implemented in collaboration
with partners in business, workforce development, and
economic development.''.
(2) Effective date and transition.--The amendment made by
paragraph (1) shall take effect as if such amendment was
enacted on June 30, 2012, and shall apply to students who
first enroll in a program of study during the period
beginning July 1, 2012, and ending June 30, 2019.
(3) Repeal.--Effective June 30, 2012, section 309(c) of
division F of the Consolidated Appropriations Act, 2012 (20
U.S.C. 1091 note), and the amendments made by such section
309(c), are repealed.
(b) Special Rules for Certain Not-for-profit Servicers.--
Section 456(a) of the HEA (20 U.S.C. 1087f(a)) is amended by
adding at the end the following:
``(5) Special rule for not-for-profit servicers with
affiliates.--Notwithstanding any other provision of this
section, only an eligible not-for-profit servicer described
in clause (i) or (ii) of subsection (c)(1)(B) shall receive a
contract with the Secretary under paragraph (4)(A), and an
allocation under paragraph (4)(B), except that, if an
eligible not-for-profit servicer so described is also a
corporation described in subparagraphs (A) and (B) of section
150(d)(2) of the Internal Revenue Code of 1986, then the
affiliated entity of that servicer (described in subsection
(c)(1)(B)(ii)) shall receive the contract with the Secretary
under paragraph (4)(A), and an allocation under paragraph
(4)(B), rather than the eligible not-for-profit servicer
described in clause (i) or (ii) of subsection (c)(1)(B).
``(6) Special rule for not-for-profit servicers with shared
management or common control.--Notwithstanding any other
provision of this section, in the case of entities that
otherwise meet the definition of an eligible not-for-profit
servicer under this section but 2 or more of the same
individuals serve as part of the management, board of
directors, or other governing body of more than one such
entity, or the Secretary determines that one entity controls,
is controlled by, or is under common control with, another
such entity, all such entities with that shared management or
control shall receive one aggregate allocation under
paragraph (4)(B) and be treated for purposes of paragraph (4)
as though all of such entities were a single eligible not-
for-profit servicer.''.
Sec. 309. Section 307 of division F of the Consolidated
Appropriations Act of 2012 (Public Law 112-74) shall continue
in effect until March 27, 2013.
Sec. 310. The Secretary may reserve funds under section
9601 of the ESEA (subject to the limitations in subsections
(b) and (c) of that section) in order to carry out activities
authorized under that section with respect to any ESEA
program funded in this Act and without respect to the source
of funds for those activities: Provided, That not later than
10 days prior to the initial obligation of funds reserved
under this section, the Secretary shall submit an evaluation
plan to the Senate Committees on Appropriations and Health,
Education, Labor and Pensions and the House Committees on
Appropriations and Education and Workforce which identifies
the source and amount of funds reserved under this section,
the impact on program grantees if funds are withheld, and the
programs to be evaluated with such funds.
This title may be cited as the ``Department of Education
Appropriations Act, 2013''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $5,375,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $749,846,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program
grant funds may be used to defray the costs of conducting
grant application reviews, including the use of outside peer
reviewers and electronic management of the grants cycle; (2)
$44,815,000 shall be available for expenses authorized under
section 501(a)(4)(E) of the 1990 Act; (3) $15,437,000 shall
be available to provide assistance to State commissions on
national and community service, under section 126(a) of the
1990 Act and notwithstanding section 501(a)(5)(B) of the 1990
Act; (4) $30,742,000 shall be available to carry out subtitle
E of the 1990 Act; and (5) $3,992,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990
Act, which, notwithstanding the provisions of section 198P
shall be awarded by CNCS on a competitive basis.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $208,744,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $85,886,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$5,400,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2013,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section
[[Page S1814]]
2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2015,
$445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or
is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That
none of the funds made available to CPB by this Act shall be
used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other
personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds
made available to CPB by this Act shall be used to support
the Television Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$46,163,000, including $400,000 to remain available through
September 30, 2014, for activities authorized by the Labor-
Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,000,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $231,954,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $7,500,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $11,778,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,258,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $278,306,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 405. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means that enables
off-site, remote, or otherwise absentee voting in an election
to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $13,411,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $11,667,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $45,000,000, which shall include amounts becoming
available in fiscal year 2013 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2014, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $111,149,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$8,155,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m), 228(g), and 1131(b)(2) of
the Social Security Act, $20,402,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $40,123,552,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $17,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act and remain available through September
30, 2014.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2014,
$19,300,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$10,535,544,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,146,000 shall be for the Social Security
Advisory Board: Provided further, That not less than
$23,000,000 shall be for section 1149 of the Social Security
Act: Provided further, That not less than $7,000,000
[[Page S1815]]
shall be for section 1150 of the Social Security Act:
Provided further, That unobligated balances of funds provided
under this paragraph at the end of fiscal year 2013 not
needed for fiscal year 2013 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
(``Commissioner'') shall notify the Committees on
Appropriations of the House of Representatives and the Senate
prior to making unobligated balances available under the
authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social
Security Administration pursuant to 5 U.S.C. 7131, and for
facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to
in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible
after such expenditures are made: Provided further, That the
Commissioner shall seek to enter into a contract with the
National Academy of Public Administration for purposes of
reviewing and contributing to a long-range strategic plan for
the Social Security Administration.
In addition, for the costs associated with conducting
continuing disability reviews under titles II and XVI of the
Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, $756,052,000 may be expended, as
authorized by section 201(g)(1) of the Social Security Act,
from any one or all of the trust funds referred to therein:
Provided, That, of such amount, $273,000,000 is provided to
meet the terms of section 251(b)(2)(B)(ii)(III) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $483,052,000 is additional new budget authority
specified for purposes of section 251(b)(2)(B) of such Act:
Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on
the obligation and expenditure of these funds, similar to the
reports that were required by section 103(d)(2) of Public Law
104-121 for fiscal years 1996 through 2002.
In addition, $170,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2013
exceed $170,000,000, the amounts shall be available in fiscal
year 2014 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $28,887,000, together with not to exceed
$75,396,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
[[Page S1816]]
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2013, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2013, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2013 that are different than those specified in
this Act, the accompanying detailed table in the explanatory
statement regarding this division, or the fiscal year 2013
budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2013,
but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the
governmental purpose, including a justification for issuing
the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of
the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the 3 years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescission)
Sec. 519. Of the funds made available for performance
bonus payments under section 2105(a)(3)(E) of the Social
Security Act, $6,934,000,000 are hereby rescinded: Provided,
That this rescission shall have no effect until July 1, 2013.
Sec. 520. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 521. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 522. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out
any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
Sec. 523. (a) In General.--The Health Education Assistance
Loan (``HEAL'') program under title VII, part A, subpart I of
the PHS Act, and the authority to administer such program,
including servicing, collecting, and enforcing any loans that
were made under such program that remain outstanding, shall
be permanently transferred from the Secretary of Health and
Human Services to the Secretary of Education no later than
the end of the first fiscal quarter that begins after the
date of enactment of this Act.
(b) Transfer of Functions, Assets, and Liabilities.--The
functions, assets, and liabilities of the Secretary of HHS
relating to such program shall be transferred to the
Secretary of Education.
(c) Interdepartmental Coordination of Transfer.--The
Secretary of HHS and the Secretary of Education shall carry
out the transfer of the HEAL program described in subsection
(a), including the transfer of the functions, assets, and
liabilities specified in subsection (b), in the manner that
they determine is most appropriate.
(d) Use of Authorities Under HEA of 1965.--In servicing,
collecting, and enforcing the loans described in subsection
(a), the Secretary of Education shall have available any and
all authorities available to such Secretary in servicing,
collecting, or enforcing a loan made, insured, or guaranteed
under part B of title IV of the HEA of 1965.
(e) Conforming Amendments.--Effective as of the date on
which the transfer of the HEAL program under subsection (a)
takes effect, section 719 of the PHS Act is amended by adding
at the end the following new paragraph:
[[Page S1817]]
``(6) The term `Secretary' means the Secretary of
Education.''.
Sec. 524. The first proviso in section 526 of division F
of Public Law 112-74 shall not apply to funds appropriated to
the Indian Health Service in fiscal year 2013 or prior fiscal
years.
Sec. 525. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single international conference unless the head of such
department or agency reports to the Committees on
Appropriations of the Senate and the House of Representatives
at least 30 days in advance of the beginning of the
conference that such attendance is important to the national
interest: Provided, That for purposes of this section the
term ``international conference'' shall mean a conference
occurring outside of the United States attended by
representatives of the United States Government and of
foreign governments, international organizations, or
nongovernmental organizations.
Sec. 526. None of the funds in this Act may be used to
support, maintain, or establish a computer network, software,
or Web site that permits or enables viewing, downloading, or
exchanging pornography.
(rescission)
Sec. 527. Of the funds made available for fiscal year 2013
for the Independent Payment Advisory Board under section 3403
of Public Law 111-148, $10,000,000 is rescinded.
Sec. 528. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 0.127 percent of--
(1) the budget authority provided for fiscal year 2013 for
any discretionary account of this Act; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2013 for any discretionary
account in prior Acts making appropriations for the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in this Act or the accompanying
explanatory statement).
(c) Exception.--This section shall not apply to the amount
made available by this Act for ``Social Security
Administration, Limitation on Administrative Expenses'' for
continuing disability reviews under titles II and XVI of the
Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section, the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report specifying the account and amount of each rescission
made pursuant to this section.
Sec. 529. The explanatory statement regarding this
division printed in the Senate section of the Congressional
Record on or about March 12, 2013, by the Chairman of the
Subcommittee on Labor, Health and Human Services, and
Education, and Related Agencies of the Committee on
Appropriations of the Senate shall have the same effect with
respect to the allocation of funds and implementation of this
Act as if it were a joint explanatory statement of a
committee of conference.
Sec. 530. (a) Notwithstanding any other provision of this
Act, subsections (a)(4) and (c)(2) of section 1101, section
1109(b), and paragraphs (3), (5), (10), (28), and (29) of
section 1114(c) of title I of division F, and sections 1501
through 1521 of title V of division F, shall have no force or
effect.
(b) Notwithstanding any other provision of this Act,
section 1111 of title I of division F shall not apply with
respect to advance appropriations provided to the Departments
of Labor and Education and the Corporation for Public
Broadcasting.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2013''.
______
SA 54. Mr. TOOMEY (for himself and Mr. Inhofe) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VIII of division C, add the following:
Sec. 8131. (a) Additional Amount for Army O&M for
Activities in CONUS.--The amount appropriated by title II of
this division under the heading ``Operation and Maintenance,
Army'' is hereby increased by $114,000,000, with the amount
to be available for operation and maintenance expenses of the
Army in connection with programs, projects, and activities in
the continental United States.
(b) Offset.--
(1) Army rdte for alternative energy research.--The amount
appropriated by title IV of this division under the heading
``Research, Development, Test, and Evaluation, Army'' is
hereby reduced by $37,000,000, with the amount of the
reduction to be allocated to amounts available under that
heading for Alternative Energy Research.
(2) Navy rdte for alternative energy research.--The amount
appropriated by title IV of this division under the heading
``Research, Development, Test, and Evaluation, Navy'' is
hereby reduced by $40,000,000, with the amount of the
reduction to be allocated to amounts available under that
heading for Alternative Energy Research.
(3) Air force rdte for alternative energy research.--The
amount appropriated by title IV of this division under the
heading ``Research, Development, Test, and Evaluation, Air
Force'' is hereby reduced by $37,000,000, with the amount of
the reduction to be allocated to amounts available under that
heading for Alternative Energy Research.
______
SA 55. Mr. MORAN (for himself, Mr. Inhofe, Mr. Blumenthal, Mr. Blunt,
Mr. Boozman, Mr. Kirk, Mr. Pryor, Mr. Roberts, Mr. Wyden, Mr. Johanns,
Mr. Merkley, Mr. Kaine, and Mr. Warner) submitted an amendment intended
to be proposed to amendment SA 26 proposed by Ms. Mikulski (for herself
and Mr. Shelby) to the bill H.R. 933, making appropriations for the
Department of Defense, the Department of Veterans Affairs, and other
departments and agencies for the fiscal year ending September 30, 2013,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of title VIII of division F, add the following:
Sec. 1811. (a) Notwithstanding section 1101, the level for
``Department of Transportation, Federal Aviation
Administration, Operations'' shall be $9,703,395,000:
Provided, That the amounts specified in the matter under the
heading ``operations'' under the heading ``Federal Aviation
Administration'' in title I of the Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2012 (division C of Public Law 112-55; 125 Stat. 645)
shall be applied to funds appropriated by this division--
(1) by substituting ``$7,492,738,000'' for
``$7,442,738,000''; and
(2) by substituting ``$10,350,000 shall be for the contract
tower cost-sharing program and not less than $130,000,000
shall be for the contract tower program'' for ``$10,350,000
shall be for the contract tower cost-sharing program''.
(b) Of amounts appropriated for fiscal years before fiscal
year 2013 that remain available for obligation as of the date
of the enactment of this Act and that are not designated an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, the following amounts are rescinded from
the following accounts:
(1) ``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment'', $23,861,002.
(2) ``Department of Transportation, Federal Aviation
Administration, Research, Engineering, and Development'',
$26,183,998.
______
SA 56. Mr. ALEXANDER (for himself, Mr. Bennet, and Mr. Burr)
submitted an amendment intended to be proposed to amendment SA 26
proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill H.R.
933, making appropriations for the Department of Defense, the
Department of Veterans Affairs, and other departments and agencies for
the fiscal year ending September 30, 2013, and for other purposes;
which was ordered to lie on the table; as follows:
On page 555, between lines 21 and 22, insert the following:
Sec. 1515A. Of the amount provided by section 1101 for the
First in the World initiative under part B of title VII of
the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.),
not more than $1,000,000 shall be available to the Secretary
of Education to carry out section 1106 of the Higher
Education Opportunity Act (Public Law 110-315; 122 Stat.
3494).
______
SA 57. Mr. BAUCUS (for himself and Mr. Tester) submitted an amendment
intended to be proposed by him to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. None of the funds appropriated or otherwise made
available by division A, B, C, D, or E of this Act may be
made available, including through a contract, grant, loan,
sub-loan, or other means of financing or support, to the
Institute for Microelectronics, of the Agency for Science,
Technology and Research, of Singapore, unless the Attorney
General and the Director of the Federal Bureau of
Investigation have submitted a certification to Congress that
the Government
[[Page S1818]]
of Singapore has allowed Federal law enforcement from the
United States to access all records and evidence relating to
the death of Shane Todd on June 24, 2012, in Singapore and
the subsequent investigation.
______
SA 58. Mr. JOHNSON of South Dakota (for himself, Ms. Stabenow, Mr.
Reed, and Mr. Levin) submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 1313, and insert the following:
SEC. 1313. PRESERVING MARKET REGULATORY ENFORCEMENT.
Notwithstanding section 1101--
(1) the level for the ``Commodity Futures Trading
Commission'' shall be $308,000,000, and the authorities and
conditions, including comparable periods of availability,
under Public Law 112-55 shall apply to such appropriation;
and
(2) the level for the ``Securities and Exchange
Commission'' shall be $1,415,000,000, and the authorities and
conditions, including comparable periods of availability,
under Public Law 112-74, shall apply to such appropriation.
______
SA 59. Mr. JOHNSON of South Dakota (for himself, Ms. Stabenow, Mr.
Reed, and Mr. Levin) submitted an amendment intended to be proposed by
him to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place insert the following:
SEC. __. PRESERVING MARKET REGULATORY ENFORCEMENT.
Notwithstanding section 1101, the level for the
``Securities and Exchange Commission'' shall be
$1,415,000,000, and the authorities and conditions, including
comparable periods of availability, under Public Law 112-74,
shall apply to such appropriation.
______
SA 60. Mr. BEGICH submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 580, between lines 4 and 5, insert the following:
Sec. 1811. Notwithstanding section 1101, the first
paragraph under the heading ``Department of Housing and Urban
Development, Federal Housing Administration, General and
Special Risk Program Account'' in division C of Public Law
112-55 shall be applied in fiscal year 2013 by substituting
``$30,000,000,000'' for ``$25,000,000,000''.
______
SA 61. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
In title I of division F, insert after section 1114 the
following:
Sec. 1115. (a)(1) None of the amounts appropriated or
otherwise made available by this Act for military assistance
for Egypt under section 23 of the Arms Export Control Act (22
U.S.C. 2763; relating to the Foreign Military Financing
program), may be used to enter into a contract on or after
the date of enactment of this Act with the Government or
Armed Services of Egypt for the sale or transfer of
significant conventional defense articles, including F-16
attack aircraft, M1 tanks, and related defense technologies,
until 30 days after the President submits to Congress the
strategy required under subsection (b).
(2) Nothing in the section shall be construed to require
the violation of an existing defense contract with the
Government or Armed Forces of Egypt, or to prevent or disrupt
the production, transfer, or delivery of any defense article
or service to the Government or Armed Services of Egypt as
required by a contract concluded by the United States
Government or a United States person prior to the date of the
enactment of this Act.
(b)(1) Not later than 120 days after the date of the
enactment of this Act, the President, in consultation with
the Government and Armed Services of Egypt, and with other
partners in the region, shall provide to Congress a report
detailing a comprehensive strategy for modernizing and
improving United States security cooperation with, and
assistance to, Egypt in order to prioritize and advance the
following national security objectives:
(A) The strategy shall seek to enhance the ability of the
Government of Egypt to detect, disrupt, dismantle, and defeat
al Qaeda, affiliated groups, and other terrorist
organizations, whether based in and operating from Egyptian
territory or elsewhere, and to counter terrorist ideology and
radicalization within Egypt.
(B) The strategy shall seek to improve and increase the
capacity of the Government of Egypt to prevent human
trafficking and the illicit movement of terrorists,
criminals, weapons, and other dangerous material across
Egypt's borders or administrative boundaries, especially
through tunnels and other illicit points of entry into Gaza.
(C) The strategy shall seek to improve the ability of the
Government of Egypt to conduct counterinsurgency and
counterterrorism operations in the Sinai as part of a
comprehensive civil-military strategy--
(i) to enforce the rule of law and the sovereign authority
of the Egyptian state;
(ii) to enhance security while protecting basic human
rights;
(iii) to advance economic development in the Sinai;
(iv) to deny safe haven to enemies of Egypt, the United
States, and our other partners in the region; and
(v) to maintain the Camp David Accords.
(D) The strategy shall seek to enhance the capacity of the
Egyptian Armed Services to gather, integrate, analyze, and
share intelligence, especially with regard to the threat
posed by terrorism and other illicit criminal activity, while
ensuring a proper respect and protection for the human rights
and civil liberties of Egypt's citizens.
(E) The strategy shall seek to encourage, reinforce, and
strengthen efforts by the Government of Egypt to reform its
internal security services, including police forces, and
justice sector with the purpose of maintaining public order
and security while ensuring protections for internationally-
recognized human rights, the rule of law, and equal access to
justice for all citizens and persons in Egypt.
(F) Any other objective that the President determines
necessary.
(2) The strategy required under paragraph (1) shall include
a detailed assessment of resources and amounts that will be
necessary to achieve each of the objectives enumerated in
such paragraph.
(3) The strategy required under paragraph (1) may also
include any recommended changes to the allocation of amounts
between Foreign Military Financing and Economic Support Funds
within overall United States assistance to Egypt and any
additional authorities that the President may determine
necessary to implement such strategy, including authorities
to shift money between foreign assistance accounts or between
Federal departments or agencies.
______
SA 62. Ms. MIKULSKI (for herself and Mr. Shelby) submitted an
amendment intended to be proposed by her to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
On page 378, line 3, strike ``a. grant for''.
On page 585, line 11, strike ``through C'' and insert
``through F''.
On page 586, line 16, strike ``division C'' and insert
``division F''.
______
SA 63. Mr. HATCH (for himself, Mr. Grassley, Mr. Roberts, Mr. Enzi,
and Mr. Cornyn) submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON FUNDING.
None of the funds made available in this Act may be used by
the Secretary of Health and Human Services to do the
following:
(1) Finalize, implement, enforce, or otherwise take any
action to give effect to the Information Memorandum dated
July 12, 2012 (Transmittal No. TANF-ACF-IM-2012-03), or to
any administrative action relating to the same subject matter
set forth in the Information Memorandum or that reflects the
same or similar policies as those set forth in the
Information Memorandum.
(2) Authorize, approve, renew, modify, or extend any
experimental, pilot, or demonstration project under section
1115 of the Social Security Act (42 U.S.C. 1315) that waives
compliance with a requirement of section 407 of such Act (42
U.S.C. 607) through a waiver of section 402 of such Act (42
U.S.C. 602) or that provides authority for an expenditure
which would not otherwise be
[[Page S1819]]
an allowable use of funds under a State program funded under
part A of title IV of such Act (42 U.S.C. 601 et seq.) with
respect to compliance with the work requirements in section
407 of such Act to be regarded as an allowable use of funds
under that program for any period.
______
SA 64. Mr. UDALL of Colorado (for himself and Ms. Collins) submitted
an amendment intended to be proposed to amendment SA 26 proposed by Ms.
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division G, insert the following:
SEC. ___. SEQUESTER FLEXIBILITY.
(a) Definition.--In this section, the term ``agency''
means--
(1) an Executive agency (as defined in section 105 of title
5, United States Code);
(2) an office, agency, or other establishment in the
legislative branch which is not a part of another office,
agency, or other establishment in the legislative branch; and
(3) an office, agency, or other establishment in the
judicial branch which is not a part of another office,
agency, or other establishment in the judicial branch.
(b) 2013 Sequester Cancellation.--Notwithstanding any other
provision of law, the sequestration of budgetary resources
for fiscal year 2013 ordered on March 1, 2013, pursuant to
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 is cancelled.
(c) Flexible Sequester Implemented by Agency Heads.--
(1) In general.--Notwithstanding any other provision of
law, the budget sequester for an account in the security and
non-security categories required by section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 for
fiscal year 2013 shall be implemented within each account as
determined by the head of the agency with spending authority
over such account.
(2) Appropriations oversight.--
(A) In general.--The head of an agency may not exercise the
authority provided in paragraph (1) unless the head has
submitted a notice of implementation describing the proposed
exercise of authority to the Committees on Appropriations of
both Houses not later than 15 days before exercising such
authority and each such committee approves the implementation
as provided in subparagraph (B).
(B) Appropriations approval.--After the committees receive
an executive branch proposal for administering the sequester
under subparagraph (A) and not later than 5 days after such
receipt, each committee, using standard procedures for
reprogramming, shall accept or reject the proposal. If a
proposal is accepted by both committees, the proposal may be
implemented. If either committee rejects a proposal and
notwithstanding subsection (b), sequestration within the
relevant agency will be administered through across the board
cuts consistent with section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985.
______
SA 65. Mr. COBURN (for himself and Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
On page 193, between lines 11 and 12, insert the following:
Sec. __. (a) None of the funds made available by this Act
may be used to carry out the functions of the Political
Science Program in the Division of Social and Economic
Sciences of the Directorate for Social, Behavioral, and
Economic Sciences of the National Science Foundation.
(b) Notwithstanding any other provision of this Act, the
amount available for the ``National Science Foundation;
Research and Related Activities'' is decreased by
$10,000,000.
(c) Notwithstanding section 1101, the level for the
``National Institutes of Health; National Cancer Institute''
shall be increased by $7,000,000.
______
SA 66. Mr. COBURN (for himself and Mr. McCain) submitted an amendment
intended to be proposed by him to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. FREEZE ON HIRING OF NONESSENTIAL FEDERAL EMPLOYEES.
(a) In General.--Except as provided in subsection (b), none
of the funds made available under division A, B, C, D, E, or
F of this Act may be used by any Executive agency (as defined
under section 105 of title 5, United States Code, except that
such term shall not include the Government Accountability
Office) to hire any new employee.
(b) Exception.--Subsection (a) shall not apply to the
hiring of an excepted employee or an employee performing
emergency work, as such terms are defined by the Office of
Personnel Management.
______
SA 67. Mr. COBURN (for himself and Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
On page 521, line 15, strike ``this'' and all that follows
through ``occurring'' on line 19, and insert ``division A, B,
C, D, E, or F of this Act may be used to send or otherwise
pay for the attendance of more than 25 employees from a
Federal department or agency at any single conference
occurring within the United States or''.
______
SA 68. Mr. COBURN (for himself, Mr. McCain, Ms. Ayotte, Mr. Corker,
Mr. Burr, Mr. Flake, and Mr. Toomey) submitted an amendment intended to
be proposed to amendment SA 26 proposed by Ms. Mikulski (for herself
and Mr. Shelby) to the bill H.R. 933, making appropriations for the
Department of Defense, the Department of Veterans Affairs, and other
departments and agencies for the fiscal year ending September 30, 2013,
and for other purposes; which was ordered to lie on the table; as
follows:
On page 539, between lines 15 and 16, insert the following:
SEC. 1315. UNITED STATES POSTAL SERVICE.
Notwithstanding section 1101, the matter under the heading
``payment to the postal service fund'' under the heading
``United States Postal Service'' of title V of division C of
the Consolidated Appropriations Act, 2012 (Public Law 112-74;
125 Stat. 923) shall be applied by striking the second
proviso.
______
SA 69. Mr. COBURN (for himself and Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
On page 392, line 25, strike ``training.'' and insert the
following: ``training: Provided further, That none of the
funds made available under paragraph (2) may be used for
employee overtime or backfill pay, for security measures at
sports facilities used for Major League Baseball spring
training, to pay for attendance at conferences, or to
purchase computers or televisions.''
______
SA 70. Mr. COBURN (for himself and Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
After section 573 of title V of division D, insert the
following:
Sec. 574. The Secretary of Homeland Security shall submit
a copy of each report required under this division to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives.
______
SA 71. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 84, between lines 3 and 4, insert the following:
Sec. 74__. None of the funds made available by this Act
may be used to carry out (or to pay the salaries and expenses
of personnel to carry out) the Federal sugar loan program
under section 156 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272) or the feedstock
flexibility program for bioenergy producers under section
[[Page S1820]]
9010 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8110) other than in a manner that is of no cost to the
Federal Government.
______
SA 72. Mr. INHOFE (for himself and Mrs. Hagan) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VIII of division C, add the following:
Sec. 8131. Notwithstanding any other provision of law, the
Secretaries of the military departments shall use not less
than the amounts appropriated or otherwise made available by
this Act for tuition assistance programs for members of the
Armed Forces to carry out such tuition assistance programs in
accordance with the provisions of law authorizing such
programs.
______
SA 73. Mr. ALEXANDER (for himself, Mr. Bennet, and Mr. Burr)
submitted an amendment intended to be proposed by him to the bill H.R.
933, making appropriations for the Department of Defense, the
Department of Veterans Affairs, and other departments and agencies for
the fiscal year ending September 30, 2013, and for other purposes;
which was ordered to lie on the table; as follows:
On page 555, between lines 21 and 22, insert the following:
Sec. 1515A. Of the amount provided by section 1101 for
part B of title VII of the Higher Education Act of 1965 (20
U.S.C. 1138 et seq.), not more than $1,000,000 shall be
available to the Secretary of Education to carry out section
1106 of the Higher Education Opportunity Act (Public Law 110-
315; 122 Stat. 3494).
______
SA 74. Mr. TESTER (for himself, Mr. Leahy, Mrs. Gillibrand, Mrs.
Boxer, Mr. Begich, and Mr. Blumenthal) submitted an amendment intended
to be proposed by him to the bill H.R. 933, making appropriations for
the Department of Defense, the Department of Veterans Affairs, and
other departments and agencies for the fiscal year ending September 30,
2013, and for other purposes; which was ordered to lie on the table; as
follows:
Beginning on page 80, strike line 3 and all that follows
through page 81, line 2.
______
SA 75. Mr. TESTER (for himself, Mr. Johnson of South Dakota, Mr.
Brown, Mr. Leahy, and Mr. Rockefeller) submitted an amendment intended
to be proposed by him to the bill H.R. 933, making appropriations for
the Department of Defense, the Department of Veterans Affairs, and
other departments and agencies for the fiscal year ending September 30,
2013, and for other purposes; which was ordered to lie on the table; as
follows:
Beginning on page 82, strike line 21 and all that follows
through page 84, line 3.
______
SA 76. Mr. GRASSLEY (for himself, Mr. Boozman, Mr. Inhofe, Mr.
Vitter, Mr. Coats, and Mr. Roberts) submitted an amendment intended to
be proposed to amendment SA 26 proposed by Ms. Mikulski (for herself
and Mr. Shelby) to the bill H.R. 933, making appropriations for the
Department of Defense, the Department of Veterans Affairs, and other
departments and agencies for the fiscal year ending September 30, 2013,
and for other purposes; which was ordered to lie on the table; as
follows:
On page 455, between lines 19 and 20, insert the following:
Sec. 574. Not later than 30 days after the date of the
enactment of this Act, and weekly thereafter through the end
of fiscal year 2013, the Assistant Secretary of U.S.
Immigration and Customs Enforcement shall submit a report to
the Committee on the Judiciary of the Senate, the Committee
on Appropriations of the Senate, the Committee on the
Judiciary of the House of Representatives, and the Committee
on Appropriations of the House of Representatives that
contains--
(1) a detailed expenditure plan for amounts appropriated
under the ``U.S. Immigration and Customs Enforcement,
Salaries and Expenses'' heading, by program, project, and
activity, which specifies how the Assistant Secretary will
use such amounts to maintain not fewer than 34,000 detention
bed levels through September 30, 2013;
(2) the number of aliens who were released from detention
by U.S. Immigration and Customs Enforcement during the
elapsed portion of fiscal year 2013 not covered by a prior
report under this section;
(3) a complete list of the aliens described in paragraph
(2) who were released from detention as a result of budgetary
constraints; and
(4) for each alien described in paragraph (3), a
description of--
(A) the offense for which the alien was convicted or
charged;
(B) the alien's status as an absconder or a fugitive;
(C) an existing order of deportation, if applicable;
(D) the reason for the alien's detention; and
(E) the terms of the alien's release.
______
SA 77. Mr. PORTMAN submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title V of division B, insert the following:
Sec. 543. (a) Increase in Amount for NASA for Cross Agency
Support.--The amount appropriated by title III of this
division under the heading ``National Aeronautics and Space
Administration'' under the heading ``Cross agency support''
is hereby increased by $172,000,000.
(b) Offset.--The amount appropriated by title III of this
division under the heading ``National Aeronautics and Space
Administration'' under the heading ``Construction and
environmental compliance and restoration'' is hereby
decreased by $172,000,000, with the amount of the reduction
to be allocated to amounts available under that heading for
Construction of Facilities (CoF).
______
SA 78. Mr. GRASSLEY submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 446, strike lines 4 through 22.
______
SA 79. Mrs. SHAHEEN (for herself, Mr. Toomey, Mr. Kirk, and Mr.
McCain) submitted an amendment intended to be proposed to amendment SA
26 proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill
H.R. 933, making appropriations for the Department of Defense, the
Department of Veterans Affairs, and other departments and agencies for
the fiscal year ending September 30, 2013, and for other purposes;
which was ordered to lie on the table; as follows:
On page 84, between lines 3 and 4, insert the following:
Sec. 74_. None of the funds of the Commodity Credit
Corporation may be used to carry out the feedstock
flexibility program for bioenergy producers under section
9010 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8110).
______
SA 80. Mr. ROCKEFELLER submitted an amendment intended to be proposed
to amendment SA 26 proposed by Ms. Mikulski (for herself and Mr.
Shelby) to the bill H.R. 933, making appropriations for the Department
of Defense, the Department of Veterans Affairs, and other departments
and agencies for the fiscal year ending September 30, 2013, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title V of division F, add the following:
Sec. 1523. Of the amounts made available under this Act to
the Solicitor of Labor, the amount necessary to maintain the
amount allocated for offices and resources to reduce the
number of cases pending before the Federal Mine Safety and
Health Review Commission for fiscal year 2013 at the same
level of funding provided for such offices and resources for
fiscal year 2012 shall be used for such offices and
resources, except that such amount may be reduced by a
percentage equal to the percentage reduction of the Solicitor
of Labor's budget required pursuant to a sequestration order
issued by the President pursuant to section 251A(7)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901a).
______
SA 81. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
On page 580, between lines 4 and 5, insert the following:
Sec. 1811. Section 5307(a)(2) of title 49, United States
Code, is amended by inserting
[[Page S1821]]
``or general public demand response'' after ``fixed route''
each place that term appears.
______
SA 82. Mr. PRYOR (for himself and Mr. Blunt) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
On page 84, between lines 3 and 4, insert the following:
Sec. 74__. Notwithstanding any other provision of this
Act--
(1) the amount made available for buildings operations and
maintenance expenses in the matter before the first proviso
under the heading ``Agriculture Buildings and Facilities and
Rental Payments'' under the heading ``AGRICULTURAL PROGRAMS''
in title I shall be $52,169,000;
(2) the amount made available for necessary expenses to
carry out services authorized by the Federal Meat Inspection
Act, the Poultry Products Inspection Act, and the Egg
Products Inspection Act in the matter before the first
proviso under the heading ``Food Safety and Inspection
Service'' under the heading ``AGRICULTURAL PROGRAMS'' in
title I shall be $1,056,427,000; and
(3) the amount made available to provide competitive grants
to State agencies in the second proviso under the heading
``child nutrition programs'' under the heading ``Food and
Nutrition Service'' under the heading ``DOMESTIC FOOD
PROGRAMS'' in title IV shall be $10,000,000.
______
SA 83. Mr. BROWN (for himself and Mr. Isakson) submitted an amendment
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski
(for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
Beginning on page 441, strike line 17 and all that follows
through page 445, line 12.
______
SA 84. Ms. AYOTTE (for herself and Mr. Chambliss) submitted an
amendment intended to be proposed by her to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. (a) Findings.--The Senate makes the following
findings:
(1) United States officials reportedly took Suleiman Abu
Ghayth into custody on February 28, 2013.
(2) Abu Ghayth is the son-in-law of Osama Bin Laden and a
member of al Qaeda.
(3) From 2001 to 2002, Abu Ghayth allegedly served al
Qaeda, urged others to swear allegiance to Bin Laden, spoke
on behalf of and in support of al Qaeda's mission, warned
that attacks similar to those of September 11, 2001, would
continue, and actively supported al Qaeda's efforts to kill
Americans.
(4) On or about May 2001, Abu Ghayth allegedly urged
individuals at a guest house in Kandahar, Afghanistan, to
swear an oath of allegiance to Bin Laden.
(5) Members and associates of al Qaeda have executed a
number of terrorist attacks intended to kill Americans,
including the attacks on the United States on September 11,
2001, in New York, Virginia, and Pennsylvania, which killed
approximately 2,976 people.
(6) On the morning of September 12, 2001, Abu Ghayth
appearing with Bin Laden and Ayman al-Zawahiri, served as a
spokesman for al Qaeda and warned the United States and its
allies that ``[a] great army is gathering against you'' and
called upon ``the nation of Islam'' to do battle against
``the Jews, the Christians and the Americans''.
(7) After the September 11, 2001, terrorist attacks, Abu
Ghayth gave a speech in which he warned that ``the storms
shall not stop, especially the Airplanes Storm'', and advised
Muslims, children, and opponents of the United States ``not
to board any aircraft and not to live in high rises''.
(8) In 2002, Abu Ghayth allegedly said ``al Qaeda has the
right to kill four million Americans, including one million
children, displace double that figure, and injure and cripple
hundreds and thousands''.
(9) In 2002, Abu Ghayth reportedly arranged to be smuggled
to Iran, where he was held under a loose form of house arrest
for several years.
(10) Abu Ghayth has been reportedly tied to the October 8,
2002, attack on United States Marines training on Faylaka
Island off the coast of Kuwait, which resulted in the death
of one American.
(11) Kuwait reportedly stripped Abu Ghayth of his
citizenship because of his role in recruiting Kuwaitis for al
Qaeda.
(12) Abu Ghayth is reportedly believed to have been in Iran
since his release in 2010.
(13) On or about March 1, 2013, Abu Ghayth was brought to
the United States to stand trial on terrorism charges in the
United States District Court for the Southern District of New
York.
(14) On March 8, 2013, Abu Ghayth pled not guilty to
terrorism charges.
(15) On September 14, 2001, in the wake of the terrorist
attacks on the United States, Congress passed the
Authorization for Use of Military Force (Public Law 107-40),
which the President signed on September 18, 2001.
(16) The Authorization for Use of Military Force authorizes
the President ``to use all necessary and appropriate force
against those nations, organizations, or persons he
determines planned, authorized, committed, or aided the
terrorist attacks that occurred on September 11, 2001, or
harbored such organizations or persons, in order to prevent
any future acts of international terrorism against the United
States by such nations, organizations or persons''.
(17) Section 1021 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81) affirms the
authority of the Armed Forces of the United States to detain
covered persons pursuant to the Authorization for Use of
Military Force.
(18) Section 1022 of the National Defense Authorization Act
for Fiscal Year 2012 establishes a requirement, subject to a
case-by-case national security waiver by the President, for
military custody of foreign members of al Qaeda and
associated forces who participated in the course of planning
or carrying out an attack or attempted attack against the
United States and its coalition partners.
(19) Abu Ghayth is an enemy belligerent and meets the
definition of a covered person under section 1022 of the
National Defense Authorization Act for Fiscal Year 2012.
(20) Military custody for enemy belligerents, consistent
with United States and international law, provides the best
means to collect the intelligence that can prevent future
terrorist attacks and save American lives.
(21) Long-term law of war military detention affords the
opportunity for interrogators to return periodically over
subsequent months and years to gather additional information.
(22) It is this access to detainees in long-term law of war
custody that allowed the intelligence community to gather
information that helped ultimately locate Bin Laden.
(23) Members of al Qaeda, like Abu Ghayth, are not common
criminals. They are enemy belligerents at war with our
country. United States detention and interrogation policies
must distinguish between intelligence collection to prevent
terrorist attacks and standard criminal prosecutions.
(24) When the United States places enemy belligerents in
courts under Article III of the Constitution for trial,
grants them the legal rights normally reserved for common
criminals, and focuses on prosecution rather than
intelligence collection, the United States can miss valuable
information that will help keep our country safe.
(25) Al Qaeda affiliates throughout the world, such as al
Qaeda in the Arabian Peninsula and al Qaeda in the Islamic
Mahgreb, present a complex and growing threat to the United
States and its interests.
(26) United States forces continue to capture members of al
Qaeda and associated forces.
(27) The United States has a top-rate facility at Naval
Station Guantanamo Bay, Cuba, that allows for the secure and
humane detention and interrogation of foreign enemy
belligerents.
(28) On January 22, 2009, President Obama issued an
executive order to close the detention facility at Naval
Station Guantanamo Bay, yet Congress has prohibited the use
of funds to transfer detainees at Naval Station Guantanamo
Bay to the United States or to construct or modify facilities
in the United States to house detainees at Naval Station
Guantanamo Bay. Congress has also placed restrictions on the
ability to transfer detainees at Naval Station Guantanamo Bay
to foreign countries.
(29) On February 15, 2011, the Under Secretary of Defense
for Intelligence, Michael Vickers, said ``[t]he
administration is in the final stages of. . .establishing its
detention policy''.
(30) On April 7, 2011, General Carter Ham, the Commander of
the United States Africa Command responded to a question
about what he would do if we captured a member of al Qaeda in
Africa, by saying he would need ``some lawyerly help on
answering that one''.
(31) On June 28, 2011, the Commander of the United States
Special Operations Command, Admiral William McRaven,
testified that his options to detain foreign enemy
belligerents were to detain them temporarily on a ship,
transfer them to a third country, or ``if we can't do either
one of those, then we'll release that individual and that
becomes the--the unenviable option, but it is an option''.
(32) On March 6, 2012, approximately a year later, when
asked during a hearing of the Committee on Armed Services of
the Senate whether the administration has developed a
detention policy for enemy belligerents, Admiral McRaven
testified ``nothing has changed since then''.
(33) Approximately 28 percent of detainees who have been
released from Naval Station Guantanamo Bay have reengaged or
are suspected of having reengaged in terrorist activity.
[[Page S1822]]
(34) Former detainees at Naval Station Guantanamo Bay have
conducted suicide bombings, recruited radicals, and trained
recruits to kill Americans and our allies.
(35) Said al Shihri and Abdul Zakir represent two examples
of former detainees at Naval Station Guantanamo Bay who
returned to the fight and assumed leadership positions in
terrorist organizations dedicated to killing Americans and
our allies.
(36) On November 29, 2012, in a 54 to 41 vote, the Senate
agreed to Senate Amendment 3245 to S. 3254, the National
Defense Authorization Act for Fiscal Year 2013, which would
have permanently prohibited use of funds for the transfer or
release of detainees from Naval Station Guantanamo Bay into
the United States.
(37) As enacted, the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239) prohibits for one year
the use of Department of Defense funds to transfer or release
detainees at Naval Station Guantanamo Bay to or within the
United States, its territories, or possessions.
(b) Sense of Senate.--It is the sense of the Senate to--
(1) reaffirm that the United States remains at war with al
Qaeda and its associated forces;
(2) assert that when a member of al Qaeda or an associated
force is taken into custody, the focus should be on
intelligence collection and the prevention of future attacks
and not on prosecution;
(3) believe by bringing members of al Qaeda and its
associated forces into civilian custody, rather than military
detention, the United States inappropriately gives these
terrorists the rights afforded by the civilian system of
justice in the United States, including speedy presentment
and Miranda rights;
(4) believe no terrorists should ever hear ``you have the
right to remain silent'';
(5) believe that Abu Ghayth and other members of al Qaeda
or associated forces like him should be placed in military
custody and brought to Naval Station Guantanamo Bay for long-
term, interrogation, and, as appropriate, trial by military
commission, consistent with chapter 47A of title 10, United
States Code (as amended by the Military Commissions Act of
2009 (title XVIII of Public Law 111-84)); and
(6) call on the Obama Administration to work with Congress
to establish a coherent detention policy for the long-term
detention and interrogation of enemy belligerents, and the
potential trial by military commission of foreign enemy
belligerents, that will help collect intelligence, protect
our country, and prevent future attacks.
______
SA 85. Mrs. SHAHEEN submitted an amendment intended to be proposed by
her to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
In title I of division F, insert after section 1114 the
following:
Sec. 1115. (a) Not later than 30 days after the end of the
60-day period for an audited establishment to respond to a
covered final audit report submitted to the establishment by
an Inspector General under section 5 of the Inspector General
Act of 1978 (5 U.S.C. App.), or by the Special Inspector
General for Afghanistan Reconstruction, the Special Inspector
General for Iraq Reconstruction, or any other Inspector
General under applicable law, or 30 days after the
establishment responds to a covered audit report with a non-
concur or partial concur response, the head of the
establishment shall submit to Congress a report with an
explanation for the failure to respond or the non-concur or
partial concur response.
(b) In this section:
(1) The term ``covered final audit report'' means a final
audit report issued by an Inspector General under the
Inspector General Act of 1978 or other applicable law that
includes a recommendation for an establishment to implement
cost-saving measures or to seek reimbursement for failure by
a contractor or subcontractor to successfully complete a
contract due to poor contractor performance, cost-overruns,
or other reasons that would, if implemented, result in at
least $2,000,000 in savings.
(2) The term ``establishment'' has the meaning given that
term in section 12 of the Inspector General Act of 1978,
except that the term also includes the following:
(A) The Office of the Director of National Intelligence.
(B) The Central Intelligence Agency.
(C) The Architect of the Capitol.
(D) The Government Accountability Office.
(E) The Government Printing Office.
(F) The Library of Congress.
(3) The term ``head of the establishment'' has the meaning
given that term in section 12 of the Inspector General Act of
1978, except that the term also includes the following:
(A) The Director of National Intelligence.
(B) The Director of the Central Intelligence Agency.
(C) The Architect of the Capitol.
(D) The Comptroller General of the United States.
(E) The Public Printer.
(F) The Librarian of Congress.
______
SA 86. Mrs. SHAHEEN submitted an amendment intended to be proposed by
her to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:
In title I of division F, insert after section 1114 the
following:
Sec. 1115. (a) Not later than 180 days after an
establishment responds to a covered audit report submitted to
the establishment by an Inspector General under section 5 of
the Inspector General Act of 1978, or by the Special
Inspector General for Afghanistan Reconstruction, the Special
Inspector General for Iraq Reconstruction, or any other
Inspector General under applicable law, with a full concur
response, the head of the establishment shall submit to
Congress a report with a description of the status of any
open or pending recommendations from the Inspector General,
including any actions taken to implement the recommendations.
(b) In this section:
(1) The term ``covered final audit report'' means a final
audit report issued by an Inspector General under the
Inspector General Act of 1978 or other applicable law that
includes a recommendation for an establishment to implement
cost-saving measures or to seek reimbursement for failure by
a contractor or subcontractor to successfully complete a
contract due to poor contractor performance, cost-overruns,
or other reasons that would, if implemented, result in at
least $2,000,000 in savings.
(2) The term ``establishment'' has the meaning given that
term in section 12 of the Inspector General Act of 1978,
except that the term also includes the following:
(A) The Office of the Director of National Intelligence.
(B) The Central Intelligence Agency.
(C) The Architect of the Capitol.
(D) The Government Accountability Office.
(E) The Government Printing Office.
(F) The Library of Congress.
(3) The term ``head of the establishment'' has the meaning
given that term in section 12 of the Inspector General Act of
1978, except that the term also includes the following:
(A) The Director of National Intelligence.
(B) The Director of the Central Intelligence Agency.
(C) The Architect of the Capitol.
(D) The Comptroller General of the United States.
(E) The Public Printer.
(F) The Librarian of Congress.
______
SA 87. Mr. ISAKSON (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE I--BIENNIAL BUDGETING AND APPROPRIATIONS
SEC. _01. SHORT TITLE.
This title may be cited as the ``Biennial Budgeting and
Appropriations Act''.
SEC. _02. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2
U.S.C. 631) is amended to read as follows:
``timetable
``Sec. 300. (a) In General.--Except as provided by
subsection (b), the timetable with respect to the
congressional budget process for any Congress (beginning with
the One Hundred Thirteenth Congress) is as follows:
``First Session
On or before: Action to be completed:
First Monday in February.................. President submits budget
recommendations.
February 15............................... Congressional Budget Office
submits report to Budget
Committees.
Not later than 6 weeks after budget Committees submit views and
submission. estimates to Budget
Committees.
April 1................................... Budget Committees report
concurrent resolution on
the biennial budget.
May 15.................................... Congress completes action on
concurrent resolution on
the biennial budget.
May 15.................................... Biennial appropriation bills
may be considered in the
House.
June 10................................... House Appropriations
Committee reports last
biennial appropriation
bill.
June 30................................... House completes action on
biennial appropriation
bills.
August 1.................................. Congress completes action on
reconciliation legislation.
October 1................................. Biennium begins.
``Second Session
On or before: Action to be completed:
February 15............................... President submits budget
review.
Not later than 6 weeks after President Congressional Budget Office
submits budget review. submits report to Budget
Committees.
[[Page S1823]]
The last day of the session............... Congress completes action on
bills and resolutions
authorizing new budget
authority for the
succeeding biennium.
``(b) Special Rule.--In the case of any first session of
Congress that begins in any year immediately following a leap
year and during which the term of a President (except a
President who succeeds himself or herself) begins, the
following dates shall supersede those set forth in subsection
(a):
``First Session
On or before: Action to be completed:
First Monday in April..................... President submits budget
recommendations.
April 20.................................. Committees submit views and
estimates to Budget
Committees.
May 15.................................... Budget Committees report
concurrent resolution on
the biennial budget.
June 1.................................... Congress completes action on
concurrent resolution on
the biennial budget.
July 1.................................... Biennial appropriation bills
may be considered in the
House.
July 20................................... House completes action on
biennial appropriation
bills.
August 1.................................. Congress completes action on
reconciliation legislation.
October 1................................. Biennium begins.''.
SEC. _03. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND
IMPOUNDMENT CONTROL ACT OF 1974.
(a) Declaration of Purpose.--Section 2(2) of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 621(2)) is amended by striking ``each year'' and
inserting ``biennially''.
(b) Definitions.--
(1) Budget resolution.--Section 3(4) of such Act (2 U.S.C.
622(4)) is amended by striking ``fiscal year'' each place it
appears and inserting ``biennium''.
(2) Biennium.--Section 3 of such Act (2 U.S.C. 622) is
further amended by adding at the end the following new
paragraph:
``(12) The term `biennium' means the period of 2
consecutive fiscal years beginning on October 1 of any odd-
numbered year.''.
(c) Biennial Concurrent Resolution on the Budget.--
(1) Section heading.--The section heading of section 301 of
such Act (2 U.S.C. 632) is amended by striking ``annual'' and
inserting ``biennial''.
(2) Contents of resolution.--Section 301(a) of such Act (2
U.S.C. 632(a)) is amended--
(A) in the matter preceding paragraph (1) by--
(i) striking ``April 15 of each year'' and inserting ``May
15 of each odd-numbered year'';
(ii) striking ``the fiscal year beginning on October 1 of
such year'' the first place it appears and inserting ``the
biennium beginning on October 1 of such year''; and
(iii) striking ``the fiscal year beginning on October 1 of
such year'' the second place it appears and inserting ``each
fiscal year in such period'';
(B) in paragraph (6)--
(i) by striking ``For purposes'' and inserting ``for
purposes''; and
(ii) by striking ``for the fiscal year'' and inserting
``for each fiscal year in the biennium''; and
(C) in paragraph (7)--
(i) by striking ``For purposes'' and inserting ``for
purposes''; and
(ii) by striking ``for the fiscal year'' and inserting
``for each fiscal year in the biennium''.
(3) Additional matters.--Section 301(b)(3) of such Act (2
U.S.C. 632(b)(3)) is amended by striking ``for such fiscal
year'' and inserting ``for either fiscal year in such
biennium''.
(4) Views of other committees.--Section 301(d) of such Act
(2 U.S.C. 632(d)) is amended by inserting ``(or, if
applicable, as provided by section 300(b))'' after ``United
States Code''.
(5) Hearings.--Section 301(e)(1) of such Act (2 U.S.C.
632(e)(1)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) inserting after the second sentence the following: ``On
or before April 1 of each odd-numbered year (or, if
applicable, as provided by section 300(b)), the Committee on
the Budget of each House shall report to its House the
concurrent resolution on the budget referred to in subsection
(a) for the biennium beginning on October 1 of that year.''.
(6) Goals for reducing unemployment.--Section 301(f) of
such Act (2 U.S.C. 632(f)) is amended by striking ``fiscal
year'' each place it appears and inserting ``biennium''.
(7) Economic assumptions.--Section 301(g)(1) of such Act (2
U.S.C. 632(g)(1)) is amended by striking ``for a fiscal
year'' and inserting ``for a biennium''.
(8) Table of contents.--The table of contents set forth in
section 1(b) of such Act is amended by striking the item
relating to section 301 and inserting the following:
``Sec. 301. Biennial adoption of concurrent resolution on the
budget.''.
(d) Committee Allocations.--Section 302 of such Act (2
U.S.C. 633) is amended--
(1) in subsection (a)
(A) in paragraph (1), by--
(i) striking ``for the first fiscal year of the
resolution,'' and inserting ``for each fiscal year in the
biennium,'';
(ii) striking ``for that period of fiscal years'' and
inserting ``for all fiscal years covered by the resolution'';
and
(iii) striking ``for the fiscal year of that resolution''
and inserting ``for each fiscal year in the biennium''; and
(B) in paragraph (5)(A), by striking ``April 15'' and
inserting ``May 15 or June 1 (under section 300(b))'';
(2) in subsection (b), by striking ``budget year'' and
inserting ``biennium'';
(3) in subsection (c) by striking ``for a fiscal year''
each place it appears and inserting ``for each fiscal year in
the biennium'';
(4) in subsection (f)(1), by striking ``for a fiscal year''
and inserting ``for a biennium'';
(5) in subsection (f)(1), by striking ``the first fiscal
year'' and inserting ``each fiscal year of the biennium'';
(6) in subsection (f)(2)(A), by--
(A) striking ``the first fiscal year'' and inserting ``each
fiscal year of the biennium''; and
(B) striking ``the total of fiscal years'' and inserting
``the total of all fiscal years covered by the resolution'';
and
(7) in subsection (g)(1)(A), by striking ``April'' and
inserting ``May''.
(e) Section 303 Point of Order.--
(1) In general.--Section 303(a) of such Act (2 U.S.C.
634(a)) is amended by--
(A) striking ``for a fiscal year'' and inserting ``for a
biennium'';
(B) striking ``the first fiscal year'' and inserting ``each
fiscal year of the biennium''; and
(C) striking ``that fiscal year'' each place it appears and
inserting ``that biennium''.
(2) Exceptions in the house.--Section 303(b)(1) of such Act
(2 U.S.C. 634(b)(1)) is amended--
(A) in subparagraph (A), by striking ``the budget year''
and inserting ``the biennium''; and
(B) in subparagraph (B), by striking ``the fiscal year''
and inserting ``the biennium''.
(3) Application to the senate.--Section 303(c)(1) of such
Act (2 U.S.C. 634(c)(1)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) striking ``that year'' and inserting ``each fiscal year
of that biennium''.
(f) Permissible Revisions of Concurrent Resolutions on the
Budget.--Section 304 of such Act (2 U.S.C. 635) is amended--
(1) by striking ``fiscal year'' the first two places it
appears and inserting ``biennium''; and
(2) by striking ``for such fiscal year'' and inserting
``for such biennium''.
(g) Procedures for Consideration of Budget Resolutions.--
Section 305 of such Act (2 U.S.C. 636) is amended--
(1) in subsection (a)(3), by striking ``fiscal year'' and
inserting ``biennium''; and
(2) in subsection (b)(3), by striking ``fiscal year'' and
inserting ``biennium''.
(h) Completion of House Action on Appropriation Bills.--
Section 307 of such Act (2 U.S.C. 638) is amended--
(1) by striking ``each year'' and inserting ``each odd-
numbered year'';
(2) by striking ``annual'' and inserting ``biennial'';
(3) by striking ``fiscal year'' and inserting ``biennium'';
and
(4) by striking ``that year'' and inserting ``that odd-
numbered year''.
(i) Completion of Action on Regular Appropriation Bills.--
Section 309 of such Act (2 U.S.C. 640) is amended--
(1) by inserting ``of any odd-numbered year'' after
``July'';
(2) by striking ``annual'' and inserting ``biennial'';
(3) by striking ``fiscal year'' and inserting ``biennium'';
and
(4) by striking ``such year'' and inserting ``such odd-
numbered year''.
(j) Reconciliation Process.--Section 310(a) of such Act (2
U.S.C. 641(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``any fiscal year'' and inserting ``any biennium''; and
(2) in paragraph (1) by striking ``such fiscal year'' each
place it appears and inserting ``any fiscal year covered by
such resolution''.
(k) Section 311 Point of Order.--
(1) In the house.--Section 311(a)(1) of such Act (2 U.S.C.
642(a)(1)) is amended--
(A) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(B) by striking ``the first fiscal year'' each place it
appears and inserting ``either fiscal year of the biennium'';
and
(C) by striking ``that first fiscal year'' and inserting
``each fiscal year in the biennium''.
(2) In the senate.--Section 311(a)(2) of such Act (2 U.S.C.
642(a)(2)) is amended--
(A) in subparagraph (A), by striking ``for the first fiscal
year'' and inserting ``for either fiscal year of the
biennium''; and
(B) in subparagraph (B)--
(i) by striking ``that first fiscal year'' the first place
it appears and inserting ``each fiscal year in the
biennium''; and
(ii) by striking ``that first fiscal year and the ensuing
fiscal years'' and inserting ``all fiscal years''.
(3) Social security levels.--Section 311(a)(3) of such Act
(2 U.S.C. 642(a)(3)) is amended by--
(A) striking ``for the first fiscal year'' and inserting
``each fiscal year in the biennium''; and
(B) striking ``that fiscal year and the ensuing fiscal
years'' and inserting ``all fiscal years''.
(l) MDA Point of Order.--Section 312(c) of such Act (2
U.S.C. 643) is amended--
(1) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(2) in paragraph (1), by striking ``the first fiscal year''
and inserting ``either fiscal year in the biennium'';
[[Page S1824]]
(3) in paragraph (2), by striking ``that fiscal year'' and
inserting ``either fiscal year in the biennium''; and
(4) in the matter following paragraph (2), by striking
``that fiscal year'' and inserting ``the applicable fiscal
year''.
SEC. _04. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition.--Section 1101 of title 31, United States
Code, is amended by adding at the end the following:
``(3) `biennium' has the meaning given that term in
paragraph (12) of section 3 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622).''.
(b) Budget Contents and Submission to the Congress.--
(1) Schedule.--The matter preceding paragraph (1) in
section 1105(a) of title 31, United States Code, is amended
to read as follows:
``(a) On or before the first Monday in February of each
odd-numbered year (or, if applicable, as provided by section
300(b) of the Congressional Budget Act of 1974), beginning
with the One Hundred Fourteenth Congress, the President shall
transmit to the Congress, the budget for the biennium
beginning on October 1 of such calendar year. The budget of
the United States Government transmitted under this
subsection shall include a budget message and summary and
supporting information. The President shall include in each
budget the following:''.
(2) Expenditures.--Section 1105(a)(5) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
fiscal years''.
(3) Receipts.--Section 1105(a)(6) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
years''.
(4) Balance statements.--Section 1105(a)(9)(C) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(5) Functions and activities.--Section 1105(a)(12)(A) of
title 31, United States Code, is amended by striking ``the
fiscal year'' and inserting ``each fiscal year in the
biennium''.
(6) Allowances.--Section 1105(a)(13) of title 31, United
States Code, is amended by striking ``the fiscal year'' and
inserting ``each fiscal year in the biennium''.
(7) Allowances for uncontrolled expenditures.--Section
1105(a)(14) of title 31, United States Code, is amended by
striking ``that year'' and inserting ``each fiscal year in
the biennium for which the budget is submitted''.
(8) Tax expenditures.--Section 1105(a)(16) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(9) Future years.--Section 1105(a)(17) of title 31, United
States Code, is amended--
(A) by striking ``the fiscal year following the fiscal
year'' and inserting ``each fiscal year in the biennium
following the biennium'';
(B) by striking ``that following fiscal year'' and
inserting ``each such fiscal year''; and
(C) by striking ``fiscal year before the fiscal year'' and
inserting ``biennium before the biennium''.
(10) Prior year outlays.--Section 1105(a)(18) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years,'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' and inserting ``in those
fiscal years''.
(11) Prior year receipts.--Section 1105(a)(19) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' each place it appears and
inserting ``in those fiscal years''.
(12) Homeland security.--Section 1105(a)(35)(A)(i) of title
31, United States Code, is amended in the matter preceding
subclause (I), by striking ``the fiscal years for which the
budget is submitted'' and inserting ``each fiscal year in the
biennium for which the budget is submitted''.
(13) EESA.--Section 1105(a)(36) of title 31, United States
Code, is amended in the matter preceding subparagraph (A), by
striking ``the fiscal year for which the budget is
submitted'' and inserting ``each fiscal year in the biennium
for which the budget is submitted''.
(14) Veterans health.--Section 1105(a) of title 31, United
States Code, is amended in the first paragraph designated as
paragraph (37) (relating to medical care accounts of the
Veterans Health Administration), by striking ``the fiscal
year for which the budget is submitted'' and inserting ``each
fiscal year in the biennium for which the budget is
submitted''.
(A) Technical amendment.--Section 1105(a) of title 31,
United States Code, is amended by redesignating the second
paragraph designated as paragraph (37) (relating to plans and
reports identified for elimination or consolidation) as
paragraph (39).
(c) Estimated Expenditures of Legislative and Judicial
Branches.--Section 1105(b) of title 31, United States Code,
is amended by striking ``each year'' and inserting ``each
even-numbered year''.
(d) Recommendations To Meet Estimated Deficiencies.--
Section 1105(c) of title 31, United States Code, is amended--
(1) by striking ``the fiscal year for'' the first place it
appears and inserting ``each fiscal year in the biennium
for'';
(2) by striking ``the fiscal year for'' the second place it
appears and inserting ``each fiscal year of the biennium, as
the case may be, for''; and
(3) by striking ``for that year'' and inserting ``for each
fiscal year of the biennium''.
(e) Capital Investment Analysis.--Section 1105(e)(1) of
title 31, United States Code, is amended by striking
``ensuing fiscal year'' and inserting ``biennium to which
such budget relates''.
(f) Supplemental Budget Estimates and Changes.--
(1) In general.--Section 1106(a) of title 31, United States
Code, is amended--
(A) in the matter preceding paragraph (1), by--
(i) inserting after ``Before July 16 of each year'' the
following: ``and February 15 of each even-numbered year'';
and
(ii) striking ``fiscal year'' and inserting ``biennium'';
(B) in paragraph (1), by striking ``that fiscal year'' and
inserting ``each fiscal year in such biennium'';
(C) in paragraph (2), by striking ``fiscal year'' and
inserting ``biennium''; and
(D) in paragraph (3), by striking ``fiscal year'' and
inserting ``biennium''.
(2) Changes.--Section 1106(b) of title 31, United States
Code, is amended by--
(A) inserting after ``Before July 16 of each year'' the
following: ``and February 15 of each even-numbered year'';
(B) striking ``the fiscal year'' and inserting ``each
fiscal year in the biennium''; and
(C) striking ``submitted before July 16'' and inserting
``required by this subsection''.
(g) Current Programs and Activities Estimates.--
(1) In general.--Section 1109(a) of title 31, United States
Code, is amended--
(A) by striking ``On or before the first Monday after
January 3 of each year (on or before February 5 in 1986)''
and inserting ``At the same time the budget required by
section 1105 is submitted for a biennium''; and
(B) by striking ``the following fiscal year'' and inserting
``each fiscal year of such period''.
(2) Joint economic committee.--Section 1109(b) of title 31,
United States Code, is amended by striking ``before March 1
of each year'' and inserting ``within 6 weeks of the
President's budget submission for each odd-numbered year (or,
if applicable, as provided by section 300(b) of the
Congressional Budget Act of 1974)''.
(h) Year-Ahead Requests for Authorizing Legislation.--
Section 1110 of title 31, United States Code, is amended by--
(1) striking ``May 16'' and inserting ``March 31''; and
(2) striking ``year before the year in which the fiscal
year begins'' and inserting ``calendar year preceding the
calendar year in which the biennium begins''.
SEC. _05. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF
APPROPRIATIONS ACTS.
Section 105 of title 1, United States Code, is amended to
read as follows:
``Sec. 105. Title and style of appropriations Acts
``(a) The style and title of all Acts making appropriations
for the support of the Government shall be as follows: `An
Act making appropriations (here insert the object) for each
fiscal year in the biennium of fiscal years (here insert the
fiscal years of the biennium).'.
``(b) All Acts making regular appropriations for the
support of the Government shall be enacted for a biennium and
shall specify the amount of appropriations provided for each
fiscal year in such period.
``(c) For purposes of this section, the term `biennium' has
the same meaning as in section 3(12) of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(12)).''.
SEC. _06. MULTIYEAR AUTHORIZATIONS.
(a) In General.--Title III of the Congressional Budget Act
of 1974 is amended by adding at the end the following:
``authorizations of appropriations
``Sec. 316. (a) Point of Order.--It shall not be in order
in the House of Representatives or the Senate to consider--
``(1) any bill, joint resolution, amendment, motion, or
conference report that authorizes appropriations for a period
of less than 2 fiscal years, unless the program, project, or
activity for which the appropriations are authorized will
require no further appropriations and will be completed or
terminated after the appropriations have been expended; and
``(2) in any odd-numbered year, any authorization or
revenue bill or joint resolution until Congress completes
action on the biennial budget resolution, all regular
biennial appropriations bills, and all reconciliation bills.
``(b) Applicability.--In the Senate, subsection (a) shall
not apply to--
``(1) any measure that is privileged for consideration
pursuant to a rule or statute;
``(2) any matter considered in Executive Session; or
``(3) an appropriations measure or reconciliation bill.''.
(b) Amendment to Table of Contents.--The table of contents
in section 1(b) of the
[[Page S1825]]
Congressional Budget and Impoundment Control Act of 1974 is
amended by inserting after the item relating to section 315
the following:
''Sec. 316. Authorizations of appropriations.''.
SEC. _07. GOVERNMENT PLANS ON A BIENNIAL BASIS.
(a) Managerial Accountability and Flexibility.--Section
9703 of title 31, United States Code, relating to managerial
accountability, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``annual''; and
(B) by striking ``section 1105(a)(29)'' and inserting
``section 1105(a)(28)''; and
(2) in subsection (e)--
(A) in the first sentence by striking ``one or'';
(B) in the second sentence by striking ``a subsequent
year'' and inserting ``a subsequent 2-year period''; and
(C) in the third sentence by striking ``three'' and
inserting ``4''.
(b) Pilot Projects for Performance Budgeting.--Section 1119
of title 31, United States Code, is amended--
(1) in subsection (d)(1), by striking ``annual'' and
inserting ``biennial''; and
(2) in subsection (e), by striking ``annual'' and inserting
``biennial''.
(c) Strategic Plans.--Section 2802 of title 39, United
States Code, is amended--
(1) is subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2015'';
(2) in subsection (b)--
(A) by striking ``five years forward'' and inserting ``6
years forward''; and
(B) by striking ``at least every three years'' and
inserting ``at least every 4 years''; and
(3) in subsection (c)--
(A) by striking ``section'' the second place it appears and
inserting ``section, including a strategic plan submitted by
September 30, 2015 meeting the requirements of subsection
(a)''.
(d) Performance Plans.--Section 2803(a) of title 39, United
States Code, is amended--
(1) in the matter before paragraph (1), by striking ``an
annual'' and inserting ``a biennial'';
(2) in paragraph (1), by inserting after ``program
activity'' the following: ``for each years 1 and 2 of the
biennial plan'';
(3) in paragraph (5), by striking ``and'' after the
semicolon;
(4) in paragraph (6), by striking the period and inserting
``; and''; and
(5) by adding after paragraph (6) the following:
``(7) cover a 2-year period beginning with the first fiscal
year of the next biennial budget cycle.''.
(e) Committee Views of Plans and Reports.--Section 301(d)
of the Congressional Budget Act (2 U.S.C. 632(d)) is amended
by adding at the end ``Each committee of the Senate or the
House of Representatives shall review the strategic plans,
performance plans, and performance reports, required under
section 306 of title 5, United States Code, and sections 1115
and 1116 of title 31, United States Code, of all agencies
under the jurisdiction of the committee. Each committee may
provide its views on such plans or reports to the Committee
on the Budget of the applicable House.''.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on March 1, 2015.
(2) Agency actions.--Effective on and after the date of
enactment of this Act, each agency shall take such actions as
necessary to prepare and submit any plan or report in
accordance with the amendments made by this title.
SEC. _08. BIENNIAL APPROPRIATIONS BILLS.
(a) In General.--Title III of the Congressional Budget Act
of 1974 (2 U.S.C. 631 et seq.), as amended by section
__06(a), is amended by adding at the end the following:
``consideration of biennial appropriations bills
``Sec. 317. It shall not be in order in the House of
Representatives or the Senate in any odd-numbered year to
consider any regular bill providing new budget authority or a
limitation on obligations under the jurisdiction of any of
the subcommittees of the Committees on Appropriations for
only the first fiscal year of a biennium, unless the program,
project, or activity for which the new budget authority or
obligation limitation is provided will require no additional
authority beyond 1 year and will be completed or terminated
after the amount provided has been expended.''.
(b) Amendment to Table of Contents.--The table of contents
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 316, as added by section __06(b) the
following:
``Sec. 317. Consideration of biennial appropriations bills.''.
SEC. _09. REPORT ON TWO-YEAR FISCAL PERIOD.
Not later than 180 days after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall--
(1) determine the impact and feasibility of changing the
definition of a fiscal year and the budget process based on
that definition to a 2-year fiscal period with a biennial
budget process based on the 2-year period; and
(2) report the findings of the study to the Committee on
the Budget of the House of Representatives and the Committee
on the Budget of Senate.
SEC. _10. EFFECTIVE DATE.
Except as provided in section __07, this title and the
amendments made by this title shall take effect on January 1,
2015, and shall apply to budget resolutions and
appropriations for the biennium beginning with fiscal year
2016.
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